Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4540)

PREMIER GRAPHICS PTY LTD AS TRUSTEE FOR PREMIER GRAPHICS UNIT TRUST T/AS PREMIER GRAPHICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE AND SIGN WRITERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2022

Application for approval of the PREMIER GRAPHICS PTY LTD AS TRUSTEE FOR PREMIER GRAPHICS UNIT TRUST T/As PREMIER GRAPHICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PREMIER GRAPHICS PTY LTD AS TRUSTEE FOR PREMIER GRAPHICS UNIT TRUST T/As PREMIER GRAPHICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case involving the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Premier Graphics Pty Ltd, the Fair Work Commission was tasked with approving a subcontractor agreement between the two parties. The agreement in question, known as the Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023, was proposed by Premier Graphics, with the CFMEU acting as the representative for subcontractors in the signage and sign writing industry. The central issue before the Commission was whether the proposed agreement met the necessary standards and protections outlined in the Fair Work Act 2009, specifically whether it provided fair and reasonable terms for the subcontractors involved.

The Commission considered various aspects of the agreement, including the wage rates, working conditions, and dispute resolution mechanisms. It was essential to ensure that the agreement provided adequate protections and benefits to the subcontractors while also maintaining a fair balance between the rights and obligations of both parties. The CFMEU argued that certain provisions of the agreement did not sufficiently protect the interests of the subcontractors, particularly regarding wage rates and conditions. In contrast, Premier Graphics contended that the agreement was fair and reasonable, providing a reasonable framework for the relationship between the parties.

Upon reviewing the evidence and arguments presented by both parties, the Commission found that the proposed agreement generally met the requirements of the Fair Work Act. While there were some concerns regarding certain aspects of the agreement, the Commission was satisfied that the overall provisions provided fair and reasonable terms for the subcontractors. The Commission approved the agreement, subject to some minor modifications to address the identified concerns. The modifications included adjustments to the wage rates and conditions to ensure they were fair and reasonable for the subcontractors involved.

The final order of the Commission was that the Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023, as modified, was approved and registered under the Fair Work Act 2009. The agreement would now serve as the minimum terms and conditions of employment for subcontractors in the signage and sign writing industry in Victoria, providing a framework for fair and reasonable working arrangements between subcontractors and their employers.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established