Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4322)

COLLINS MELB PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 OCTOBER 2022

Application for approval of the COLLINS MELB PTY LTD 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 COLLINS MELB PTY LTD 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 31 October 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 involves an application for the approval of a subcontractor's enterprise agreement between Collins Melbourne Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, specifically by Commissioner M. K. Ryan. The dispute centred on the terms of the proposed enterprise agreement, which was intended to cover the period from 2020 to 2023.

The legal issues that the Fair Work Commission needed to address included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, whether it was free from coercion and undue influence, and whether it was made in good faith. The Commission also needed to consider whether the agreement was in the best interests of the employees covered by it.

Commissioner Ryan found that the proposed agreement did meet the legal requirements. The agreement was found to be made in good faith and to be free from any coercion or undue influence. The Commissioner also found that the agreement provided for a fair and efficient workplace and was in the best interests of the employees. The agreement was approved as it balanced the needs of both the employer and the employees, and provided for a fair and reasonable set of terms and conditions of employment.

The Fair Work Commission approved the enterprise agreement. The Commissioner's decision was based on the evidence presented and the conclusion that the agreement was fair and reasonable, and met all the necessary legal requirements. The approval of the agreement will provide certainty and stability to the workplace, and ensure that the employees are provided with fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established