Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3562)

GREENE FIRE PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 6 SEPTEMBER 2022

Application for approval of the GREENE FIRE PTY LIMITED 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 GREENE FIRE PTY LIMITED 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 13 September 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Greene Fire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) for the approval of the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was lodged under the Fair Work Act 2009 (Cth). The nature of the dispute was the establishment of a new enterprise agreement between the employer and the union, covering terms and conditions of employment for subcontractors in architectural features and fittings within the specified industries.

The legal issues before the court included whether the proposed agreement complied with the requirements of the Fair Work Act, including provisions relating to bargaining and agreement registration. The court had to consider if the agreement provided for a fair and efficient system of dispute resolution, and whether it met the threshold for being "better off overall" for the employees covered by the agreement. Additionally, the court examined if the agreement contained all the mandatory terms prescribed by the Act and if it was consistent with the principles of good faith bargaining and procedural fairness.

The court found that the proposed agreement complied with the relevant provisions of the Fair Work Act. It determined that the agreement provided for an efficient system of dispute resolution and that the employees would be better off overall. The court also confirmed that all mandatory terms were included and that the bargaining process adhered to good faith and procedural fairness. Consequently, the court approved the agreement and ordered its registration. This decision allows the agreement to come into effect and govern the 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