Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2391)

QUINTON SOPER PTY LTD AS TRUSTEE FOR QUINTON SOPER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2022

Application for approval of the QUINTON SOPER PTY LTD AS TRUSTEE FOR QUINTON SOPER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the QUINTON SOPER PTY LTD AS TRUSTEE FOR QUINTON SOPER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 29 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Quinton Soper Pty Ltd, as trustee for the Quinton Soper Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023 were the subject of an application for approval. The parties had reached a proposed enterprise agreement, which was then put up for approval. The agreement's terms and conditions, which covered subjects like wages, working hours, and other employment-related concerns, were the subject of the dispute.

The Commission had to decide whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine enterprise agreement, whether it complied with the provisions for "better off overall" and "no disadvantage" tests, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement was a genuine enterprise agreement that complied with the relevant provisions of the Fair Work Act. The agreement was made in good faith and without coercion, and it was in the best interests of the employees and the employer. The Commission was satisfied that the agreement met the "better off overall" and "no disadvantage" tests, and it approved the agreement.

The Commission approved the Quinton Soper Pty Ltd as trustee for the Quinton Soper Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The agreement was approved as a registered agreement, which means that it has the force of law and is binding on the parties. The agreement will now apply to the employees and the employer, and it will regulate their employment relationship for the duration of the agreement.

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