Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4382)

O.K.S. ERECTIONS PTY LTD T/AS O.K.S. INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 OCTOBER 2022

Application for approval of the O.K.S. ERECTIONS PTY LTD T/As O.K.S. INSTALLATIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the O.K.S. ERECTIONS PTY LTD T/As O.K.S. INSTALLATIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 7 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 involved an application for the approval of a particular enterprise agreement between a subcontractor and a union. The applicant, O.K.S. Erections Pty Ltd, trading as O.K.S. Installations, sought the Fair Work Commission's approval of the agreement it had entered into with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union's role in the matter was to represent the interests of its members who are employed by the subcontractor. The dispute was brought before the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issue before the Commission was whether the enterprise agreement in question met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the essential elements mandated by the Act. The Commission had to consider if the agreement was fair and reasonable, and if it met the criteria for being a single, effective, and practical agreement.

The Commission found that the enterprise agreement was indeed made in good faith and contained all the necessary elements required by the Act. The agreement was considered fair and reasonable, and the Commission was satisfied that it was a single, effective, and practical agreement. The Commission noted that both parties had engaged in genuine bargaining and had reached an agreement that was in the best interests of the employees involved. As a result, the Commission approved the agreement, finding that it complied with the statutory requirements.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, determining that it met the necessary criteria under the Fair Work Act 2009. This decision provides clarity for both parties and their employees, ensuring that the agreement is legally binding and enforceable.

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