Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4321)

COLLINS MELB PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

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

Application for approval of the COLLINS MELB PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the COLLINS MELB PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Collins Melb Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The application was brought by the union against the employer, and the dispute centred around the terms and conditions of employment for painting and decorating subcontractors. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central issue was whether the agreement contained all the prescribed minimum terms and conditions as required by section 234 of the Fair Work Act 2009. The Commission needed to examine the agreement to ensure it was not less favourable than the relevant awards or the applicable general rates of pay, and that it complied with the other statutory requirements. The Commission also needed to consider whether the agreement was made in good faith and whether it was procedurally fair.

The Commission found that the agreement met all the statutory requirements under the Fair Work Act 2009. The agreement was not less favourable than the relevant awards or the general rates of pay, and it contained all the prescribed minimum terms and conditions. The Commission was satisfied that the agreement was made in good faith and that the bargaining process was procedurally fair. The application for approval was granted, and the agreement was registered on the Register of Approved Enterprise Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established