Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/915)

CTA METALWORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2022

Application for approval of the CTA METALWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CTA METALWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing 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 15 April 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 involved an application for the approval of the CTA Metalworks Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023. The applicant union sought the endorsement of the agreement, which was intended to govern the terms and conditions of employment for subcontractors engaged in fencing activities within the specified period. The application was brought before the Fair Work Commission, an industrial relations tribunal in Australia.

The central legal issue before the Commission was whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. This involved examining whether the agreement met the necessary criteria for approval, including whether it provided for a fair and efficient method of determining wages and other conditions of employment. Additionally, the Commission had to consider whether the agreement was likely to provide for the improvement of the working conditions, wages, and other conditions of employment for the employees covered by it.

After reviewing the evidence and submissions presented by both parties, the Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for a fair and efficient method of determining wages and other conditions of employment, and that it was likely to provide for the improvement of the working conditions, wages, and other conditions of employment for the employees covered by it. The Commission also noted that the agreement contained provisions for the protection of employees' rights and interests, including provisions for dispute resolution and the establishment of a joint committee to oversee the agreement's implementation.

As a result of the Commission's findings, the application for approval of the agreement was successful. The Fair Work (Registered Organisations) Amendment (Subcontractors Agreement) Regulations 2021 were amended to include the CTA Metalworks Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023 as a registered agreement under the Fair Work Act. This meant that the agreement would be recognised as a legally binding document governing the terms and conditions of employment for subcontractors engaged in fencing activities within the specified period.

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