Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1522)

BULL GROUP AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORSCLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2022

Application for approval of the BULL GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BULL GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 June 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 case involved an application for the approval of a proposed enterprise agreement between Bull Group Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission. The primary issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for a fair and efficient workplace, was free from coercion and undue influence, and was not detrimental to the employees.

The court examined the proposed agreement clause by clause, ensuring that it complied with the relevant provisions of the Fair Work Act. It assessed whether the agreement adequately addressed matters such as minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The court also considered the views of the parties involved, including the union and the employer, and the implications of the agreement for the workforce. After a thorough review, the court found that the agreement was fair and met the statutory requirements. It approved the proposed enterprise agreement, acknowledging that it provided a balanced and equitable framework for the employees in the cladding installation sector.

The court's decision was based on a detailed analysis of the agreement's provisions and their alignment with the objectives of the Fair Work Act. The agreement was deemed to promote fair and efficient workplace practices while protecting the rights and interests of the employees. The approval of the agreement was seen as a positive step towards ensuring better working conditions and fair treatment for the workers in the cladding installation industry. The final orders included the approval of the proposed enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees under the agreement.

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