Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3325)

EMPIRE COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 19 AUGUST 2022

Application for approval of the EMPIRE COMMERCIAL GROUP 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 EMPIRE COMMERCIAL GROUP 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 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 26 August 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 involved the Construction, Forestry, Maritime, Mining and Energy Union and Empire Commercial Group Pty Ltd. The union sought approval of an enterprise agreement between the two parties for the period 2020 to 2023. The application was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the agreement complied with the statutory requirements of the Fair Work Act 2009, specifically in relation to the disclosure of information and the protection of employees’ rights. The Commission had to determine if the agreement met the necessary standards for approval under the Act.

The Commission examined the agreement in detail, focusing on the provisions related to the disclosure of information and the protection of employees' rights. It considered whether the agreement provided sufficient protections for employees, including provisions for minimum wages and conditions, and whether it contained adequate mechanisms for resolving disputes. The Commission also assessed whether the agreement allowed for the proper disclosure of information between the parties, ensuring transparency and fairness in the employment relationship. After a thorough review, the Commission found that the agreement complied with the statutory requirements and met the necessary standards for approval.

Consequently, the Fair Work Commission approved the EMPIRE COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The decision was based on the determination that the agreement adequately protected the rights of employees and ensured fair and transparent employment practices. The Commission's approval of the agreement signifies its compliance with the Fair Work Act and its suitability for implementation within the specified timeframe.

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