Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4314)

ABOVE AND BEYOND PLASTER INTERIORS PTY LTD T/As ABOVE AND BEYOND PLASTER and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2022

Application for approval of the ABOVE AND BEYOND PLASTER INTERIORS PTY LTD T/As ABOVE AND BEYOND PLASTER and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ABOVE AND BEYOND PLASTER INTERIORS PTY LTD T/As ABOVE AND BEYOND PLASTER and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 1 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 Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the Victorian Construction and General Division, sought approval of a proposed enterprise agreement with Above and Beyond Plaster Interiors Pty Ltd, trading as Above and Beyond Plaster. The matter was heard by the Fair Work Commission. The primary dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and if it appropriately balanced the interests of both employers and employees. The union argued that the agreement provided fair and reasonable terms, while the employer raised concerns about the implications of certain provisions on operational flexibility and cost implications.

The Fair Work Commission needed to determine whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. Procedurally, the court had to consider if the agreement was made in good faith and if there was proper consultation and disclosure. Substantively, the agreement had to be assessed to ensure it did not adversely affect the safety, health, or welfare of employees and that it provided fair and reasonable terms and conditions. The commission also had to evaluate if the agreement contained appropriate dispute resolution mechanisms and whether it included any clauses that could be considered contrary to public policy.

Upon review, the Fair Work Commission found that the agreement was made in good faith and followed the necessary procedural requirements. The commission concluded that the terms and conditions of the agreement were fair and reasonable, providing an appropriate balance of interests between the employer and the employees. The agreement included adequate provisions for health and safety, as well as appropriate dispute resolution mechanisms. Consequently, the commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Above and Beyond Plastering Enterprise Agreement 2020-2023, effective from the date of the approval. This decision confirmed the agreement's validity and enforceability under the Fair Work Act, ensuring that both parties would be bound by its terms.

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