Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4435)

NEPEAN SIGN WORKS PTY LTD AS TRUSTEE FOR FARMER FAMILY TRUST 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, 3 November 2022

Application for approval of the NEPEAN SIGN WORKS PTY LTD AS TRUSTEE FOR FARMER FAMILY TRUST 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 NEPEAN SIGN WORKS PTY LTD AS TRUSTEE FOR FARMER FAMILY TRUST 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 10 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

The case before the court was an application by the Nepean Sign Works Pty Ltd, as trustee for the Farmer Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023. The agreement sought to establish the terms and conditions of employment for sign writers and subcontractors within the industry. The application was heard by the Fair Work Commission, an Australian government body responsible for overseeing and enforcing workplace relations laws.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant legislative framework. Specifically, the court needed to determine if the agreement met the statutory requirements set out in the Fair Work Act 2009. This included ensuring that the agreement contained all the mandatory terms prescribed by the Act, did not discriminate against any group of employees, and had been fairly negotiated. Additionally, the court had to consider if the agreement provided a safety net for employees that was no less favourable than the applicable award or registered agreement.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail, considering the submissions made by both parties and any relevant evidence. The court found that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and did not discriminate against any group of employees. The Commission also determined that the agreement had been fairly negotiated and provided a safety net for employees that was no less favourable than the applicable award or registered agreement. Based on these findings, the Fair Work Commission approved the Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023, as it complied with the statutory requirements.

As a result of the court's decision, the Nepean Sign Works Pty Ltd, as trustee for the Farmer Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) were granted approval for the Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023. This agreement will now govern the terms and conditions of employment for sign writers and subcontractors within the industry, providing a framework for fair and equitable working arrangements.

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