Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3561)

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

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2024

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

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Newlife Kitchens Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry and Maritime Employees Union and Newlife Kitchens Pty Ltd. The dispute was centred on the approval of a proposed enterprise agreement between the union and the employer for the period 2024 to 2027. This case was heard in the Fair Work Commission of Australia. The union sought the commission's approval of the agreement, which the employer opposed on the basis that it was unfair. The primary legal issue before the commission was whether the proposed agreement met the criteria for being considered "fair and reasonable" under the Fair Work Act 2009.

The commission's decision hinged on an examination of the proposed agreement's provisions, in light of the relevant legislative standards. The commission assessed the agreement against the criteria set out in the Fair Work Act, which includes considerations such as the nature of the agreement, its effect on employees, and its compatibility with broader labour market principles. The commission also took into account submissions from both parties and relevant stakeholders. The union argued that the agreement was fair, providing adequate protections and benefits for employees. The employer, however, contended that the agreement contained provisions that were overly restrictive and detrimental to their business operations.

Upon reviewing the evidence and arguments presented, the commission found that the proposed agreement did indeed meet the necessary standards. The commission noted that the agreement contained provisions that ensured fair treatment of employees, while also providing the employer with necessary flexibility to operate their business. The commission concluded that the agreement was fair and reasonable, and thus approved it. This decision was based on a detailed analysis of the agreement's provisions and a careful balancing of the interests of both the union and the employer. The union's application for approval of the proposed agreement was therefore successful.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established