Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3595)

LIVELY TEAM PTY. LTD. T/As ADD A LINE LINEMARKING 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, 8 SEPTEMBER 2022

Application for approval of the LIVELY TEAM PTY. LTD. T/As ADD A LINE LINEMARKING 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 LIVELY TEAM PTY. LTD. T/As ADD A LINE LINEMARKING 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 15 September 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 matter before the Fair Work Commission involved an application for the approval of a specific enterprise agreement, namely the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The applicant, LIVELY TEAM PTY. LTD. trading as ADD A LINE LINEMARKING, sought the approval of this agreement, which was to govern the employment terms and conditions of its employees. The respondent to the application was the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the employees covered by the proposed agreement.

The central legal issues in this case revolved around whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the necessary minimum terms, if it was fairly negotiated, and if it was in the best interests of the employees. The Commission also had to assess whether the agreement met the criteria for being a "single-enterprise" agreement and if it was "independently" negotiated, free from any undue influence or coercion.

In reaching its decision, the Commission meticulously reviewed the provisions of the proposed agreement, assessing them against the benchmarks set by the Fair Work Act. The Commission found that the agreement contained all the necessary minimum terms and was fairly negotiated. The Commission also determined that the agreement was independently negotiated and met the criteria for a "single-enterprise" agreement. The Commission concluded that the agreement was in the best interests of the employees, taking into account the nature of the industry, the bargaining positions of the parties, and the overall fairness of the terms.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, effective from the date of the decision. This approval ensures that the employees of LIVELY TEAM PTY. LTD. trading as ADD A LINE LINEMARKING will be governed by the terms of the enterprise agreement, providing them with a clear understanding of their employment conditions for the specified period.

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