Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3322)

Pacific Facade Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2022

Application for approval of the PACIFIC FACADE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PACIFIC FACADE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 26 August 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, as a registered organisation, made an application for the approval of the Pacific Facade Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The Pacific Facade Group Pty Ltd is an employer, and the CFMEU is an industrial organisation. The agreement was registered on 28 July 2020 for a period of four years. The main issue before the Commission was whether the agreement should be approved as a low paid industry agreement for the purposes of section 236 of the Fair Work Act 2009.

The Commission considered the application by reference to the statutory requirements of section 236 of the Act, and the factors prescribed in section 237. The Commission found that the agreement was a low paid industry agreement as it was applicable to employees whose base rates of pay were below the low pay threshold. The Commission further found that the agreement contained provisions that were consistent with the objectives of the Act, and that the agreement was appropriate for approval. The Commission approved the agreement as a low paid industry agreement, subject to the operation of section 238 of the Act. The parties are directed to provide a copy of the approved agreement to the Commission within 28 days of the decision.

The Commission made an order that the Pacific Facade Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 be approved as a low paid industry agreement for the purposes of section 236 of the Fair Work Act 2009. The parties are directed to provide a copy of the approved agreement to the Commission within 28 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established