Construction, Forestry and Maritime Employees Union

[2024] FWCA 2524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2372)

TEOKON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JULY 2024

Application for approval of the TEOKON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the TEOKON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 Construction, Forestry and Maritime Employees 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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2024. The nominal expiry date of the Agreement is 19 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the TEOKON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was made in the context of negotiations between the parties over employment conditions for carpenters and joiners employed by TEOKON. The Commission was required to determine if the agreement met the necessary standards and whether it was fair and reasonable.

The legal issues before the Commission involved assessing whether the agreement complied with the Fair Work Act 2009 and met the criteria for being a “registered agreement”. This included ensuring the agreement did not adversely affect employees in terms of pay and conditions, and whether it was made in good faith. The Commission also had to consider whether the agreement provided for a proper balance of interests between the employer and the employees.

The Fair Work Commission found that the agreement complied with the legislative requirements and was made in good faith. The Commission considered the evidence and submissions from both parties and concluded that the agreement provided fair and reasonable terms and conditions. It was determined that the agreement would not adversely affect the employees and provided for a proper balance of interests. Accordingly, the Commission approved the agreement, which will now be registered and enforceable under the Fair Work Act.

The final orders of the Commission included the approval and registration of the TEOKON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was to be registered from the date of the decision, and it would govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established