Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2054)

Total Window Concepts Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2022

Application for approval of the Total Window Concepts Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Total Window Concepts Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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.

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 11 July 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Total Window Concepts Enterprise Agreement 2022. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have the agreement approved, while the employer, Total Window Concepts, did not oppose the application. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009, and whether it adhered to the standards set for enterprise agreements.

The primary legal issues addressed by the Commission included whether the agreement was made in good faith, whether it contained the necessary provisions regarding employees' rights and obligations, and whether it complied with the specific requirements outlined in the Fair Work Act. The Commission also had to consider whether the agreement was sufficiently comprehensive and whether it met the disclosure and consultation requirements mandated by the Act. Additionally, the Commission examined whether the agreement provided adequate protections for employees, particularly in relation to minimum terms and conditions of employment.

The Commission found that the Total Window Concepts Enterprise Agreement 2022 met all the necessary legal requirements for approval. It was determined that the agreement was made in good faith and contained all the mandatory provisions required by the Fair Work Act. The agreement was found to be comprehensive and provided adequate protections for employees, ensuring that it met the minimum terms and conditions of employment. The Commission also confirmed that the agreement complied with the disclosure and consultation requirements, as the employer had provided all necessary information and engaged in appropriate consultation processes with the union. Given these findings, the Commission approved the agreement, allowing it to come into effect as per the terms specified.

The Fair Work Commission approved the Total Window Concepts Enterprise Agreement 2022, and it is now in force. The approval is subject to the conditions that the agreement remains compliant with the Fair Work Act and that any changes to the agreement in the future will also meet the legal standards set by the Act. The decision underscores the importance of ensuring that enterprise agreements adhere to the legislative requirements to protect the rights and interests of employees while allowing for effective collective bargaining between employers and unions.

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