Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3204)

IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Offsite Enterprise Agreement 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 AUGUST 2022

Application for approval of the IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Offsite Enterprise Agreement 2020-2024

The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for the approval of an enterprise agreement known the IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Offsite Enterprise Agreement 2020-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The employer, IND Window Fabrications Pty Ltd, has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Applicant, 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) and based on the declaration provided by the Applicant, I note that the Applicant is covered by the Agreement.

The Agreement was approved on 19 August 2022 and, in accordance with s 54, will operate from 26 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Offsite Enterprise Agreement 2020-2024 between IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division). The application was lodged following negotiations between the parties, and the Commission was required to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission's decision was critical in ensuring that the agreement would provide fair terms and conditions for the employees covered by it, while also balancing the interests of the employer.

The primary legal issues the Commission needed to address included whether the agreement complied with the procedural requirements for its negotiation and registration, and whether it contained all the necessary substantive terms. Procedurally, the Commission had to verify that the agreement had been negotiated in good faith, with appropriate representation of the parties involved. Substantively, the agreement had to include all the mandated minimum terms and conditions, as well as any additional terms that the parties had negotiated. The Commission also needed to consider whether the agreement unfairly disadvantaged any of the employees it covered.

In delivering its decision, the Commission examined the evidence provided by both parties and considered the specific terms of the agreement. The Commission found that the agreement had been negotiated in good faith and that all procedural requirements had been met. The substantive terms of the agreement were also found to be fair and not contrary to public policy. The Commission approved the agreement, noting that it provided a comprehensive framework for the employment relationship between the parties, covering a wide range of issues including wages, hours of work, and dispute resolution mechanisms. The Commission concluded that the agreement would provide a stable and fair working environment for the employees involved.

The Commission's final order was to approve the Offsite Enterprise Agreement 2020-2024 between IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division), effective from the date of the decision. This approval ensures that the agreement is legally binding and that the terms it contains will govern the employment relationship between the parties for the duration of the agreement. The decision provides certainty for both the employer and the employees, establishing clear expectations and rights for the period covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established