Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2008)

ROBERTSON COATINGS PTY LTD AS TRUSTEE FOR THE ADAM ROBERTSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2022

Application for approval of the ROBERTSON COATINGS PTY LTD AS TRUSTEE FOR THE ADAM ROBERTSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ROBERTSON COATINGS PTY LTD AS TRUSTEE FOR THE ADAM ROBERTSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating 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 7 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Robertson Coatings Pty Ltd, as trustee for the Adam Robertson Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The enterprise agreement, titled the Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, aimed to regulate the employment conditions of painting and decorating subcontractors within the specified period. The dispute arose from the need to ensure the agreement complied with the relevant industrial laws and was fair and reasonable for both parties involved.

The primary legal issues before the court were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. The court had to examine the agreement's provisions, the process through which it was made, and the bargaining positions of the parties. Additionally, the court had to consider whether the agreement was appropriately registered and if it complied with any relevant minimum standards prescribed by the Fair Work Regulations.

The court examined the evidence presented regarding the negotiation process and the substantive provisions of the agreement. It considered the fairness of the terms, the adequacy of the dispute resolution mechanisms, and the overall balance of the agreement. The court found that the agreement was made in good faith and complied with the necessary procedural requirements. The terms and conditions outlined in the agreement were deemed to be fair and reasonable, taking into account the specific needs and circumstances of the industry and the parties involved. Consequently, the court approved the enterprise agreement, noting its compliance with the relevant industrial laws and its suitability for the intended period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established