Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3628)

MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the MELWORX PTY LTD 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 MELWORX PTY LTD 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 16 September 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division). The proposed agreement, titled "Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023," was submitted for consideration and subsequent approval by the Commission. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues the Commission addressed were whether the proposed agreement provided for the terms and conditions of employment in a fair and reasonable manner, whether it complied with the procedural requirements for approval as set out in the Fair Work Act, and whether it met the standards for good faith bargaining as required by the Act. Additionally, the Commission had to consider whether the agreement adequately covered the intended workforce and if it contained all the necessary provisions as mandated by the legislation.

The Commission examined the proposed agreement in detail, assessing it against the statutory requirements and relevant precedents. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, adhered to the procedural requirements for approval, and demonstrated good faith bargaining. The agreement was found to cover the intended workforce and included all the necessary provisions. Therefore, the Commission approved and registered the "Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023."

The final orders of the Commission were that the proposed enterprise agreement between MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division) be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would govern the employment terms and conditions of the workforce covered by the agreement for the period 2020 to 2023.

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