Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2245)

SOLID SEAL SOLUTIONS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORSARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the SOLID SEAL SOLUTIONS PTY. LTD. 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 SOLID SEAL SOLUTIONS PTY. LTD. 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

The matter before the court involved an application for approval of the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 between Solid Seal Solutions Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009, which provides a mechanism for approving enterprise agreements that meet certain conditions. The primary issue was whether the agreement complied with the statutory requirements and if it was in the interests of the employees covered by the agreement.

The court had to determine whether the agreement was a "single-employer agreement" as defined by the Act, and whether it contained the necessary fair and reasonable terms. The court also considered whether the agreement was made in good faith and whether it complied with the disclosure and consultation requirements. The main focus was on whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

In deciding the matter, the court examined the terms of the agreement and the process by which it was negotiated. The court found that the agreement was a single-employer agreement and that it contained fair and reasonable terms. The court was satisfied that the agreement was made in good faith and that all required disclosures and consultations had been appropriately conducted. The court concluded that the agreement was in the best interests of the employees and approved the agreement accordingly.

The court's final order was that the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 between Solid Seal Solutions Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) be approved under section 233 of the Fair Work Act 2009. This approval was effective from the date of the court's decision, ensuring that the terms of the agreement would be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established