Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3407)

CITY PROJECTS CONTRACTING VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 AUGUST 2022

Application for approval of the CITY PROJECTS CONTRACTING VIC 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 CITY PROJECTS CONTRACTING VIC 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 1 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 case before the Fair Work Commission was between City Projects Contracting Vic PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The parties sought approval of the agreement which was to govern the employment conditions of plasterers employed by City Projects. The dispute centred on the terms and conditions of the agreement, including wages, working hours, and other employment-related matters.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT). The Commission had to determine if the agreement provided a safety net for employees, was not less favourable than the relevant award, and was made in good faith. Additionally, the Commission assessed if the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement was compliant with the Act and met the BOOT criteria. The agreement provided a safety net for employees by ensuring they were not worse off than under the relevant award. It also met the requirements for good faith bargaining, as both parties had negotiated in a genuine attempt to reach an agreement. The Commission concluded that the agreement appropriately balanced the interests of both parties and approved the agreement. The approval of the agreement ensures that plasterers employed by City Projects will have a fair and just set of employment conditions for the period of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established