Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2242)

DOVE PASSIVE PTY LTD AS TRUSTEE FOR DOVE FAMILY TRUST T/AS DOVE PASSIVE FIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 JULY 2022

Application for approval of the DOVE PASSIVE PTY LTD AS TRUSTEE FOR DOVE FAMILY TRUST T/As DOVE PASSIVE FIRE and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the DOVE PASSIVE PTY LTD AS TRUSTEE FOR DOVE FAMILY TRUST T/As DOVE PASSIVE FIRE and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 20 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 this case, the applicant, Dove Passive Pty Ltd as trustee for Dove Family Trust trading as Dove Passive Fire, sought approval of a proposed enterprise agreement. The proposed agreement was between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission. The primary legal issue before the court was whether the proposed agreement was in the best interests of the employees covered by the agreement. The court had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the relevant legislative provisions. In reaching its decision, the court considered the submissions of both parties and the evidence provided. The court found that the proposed agreement provided fair and reasonable terms and conditions for the employees and that it complied with the relevant legislative provisions. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement. The final orders of the court were that the proposed enterprise agreement be approved and registered with the Fair Work Commission. The agreement was to be in effect from 1 July 2020 and was to remain in force until 30 June 2023.

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