Casello Personnel (Vic) Pty Ltd Summary

[2024] FWCA 3871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Casello Personnel (Vic) Pty Ltd

(AG2024/4147)

CASELLO PERSONNEL (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 NOVEMBER 2024

Application for approval of the Casello Personnel (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Casello Personnel (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casello Personnel (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 September 2024 and the Agreement was made on 11 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 and Maritime Employees 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 notice of employee representational rights (NERR) provided to employees was based on an old version of the NERR template. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Casello Personnel (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute revolved around the application for the approval of the Casello Personnel (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. This matter was heard in the Fair Work Commission.

The key legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "better off overall test" (BOOT) compliant agreement, meaning that the proposed terms and conditions of employment were no worse off than the applicable award or other relevant agreements and were better off for the employees in at least one key aspect. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act relating to the proper registration and approval process.

In reaching its decision, the Commission examined the submissions and evidence provided by both parties. The Commission found that the proposed agreement met the BOOT requirements and provided employees with improved conditions in certain areas, such as increased leave entitlements and better dispute resolution mechanisms. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work Act and was therefore eligible for approval. Based on these findings, the Commission approved the proposed enterprise agreement.

Accordingly, the Fair Work Commission approved the Casello Personnel (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027, effective from the date of the decision. This decision will govern the terms and conditions of employment for employees within the scope of the approved agreement, and both parties are bound by the terms of the approved agreement.

Casello Personnel (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established