Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2028)

RB & A BY DESIGN PTY LTD and the CFMEU (Victorian Construction and General Division) SubcontractorsAluminium & Glass Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JULY 2022

Application for approval of the RB & A BY DESIGN 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 RB & A BY DESIGN 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 8 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 parties involved in this case were RB & A By Design Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), with the dispute relating to the approval of a proposed enterprise agreement. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in accordance with the requirements of the Act.

In addressing the legal issues, the Commission considered the provisions of the Fair Work Act and examined the specific terms and conditions outlined in the proposed agreement. The Commission also took into account submissions from both parties, as well as any relevant industry benchmarks and standards. The Court found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and that it had been made in accordance with the requirements of the Act. The Commission was satisfied that the agreement met the necessary criteria for approval and found in favour of the applicants.

Accordingly, the Fair Work Commission approved the proposed Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, which will now be in effect for the duration of its term. The decision of the Commission is final and binding on both parties, and any disputes arising under the agreement will be resolved in accordance with its terms. The outcome of this case provides clarity on the requirements for approving enterprise agreements and sets a precedent for future agreements in the industry.

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