Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2297)

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

Building services
COMMISSIONER LEE	MELBOURNE, 4 JULY 2024

Application for approval of the INWARD ( AUST ) 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 INWARD ( AUST ) 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 11 July 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of a proposed enterprise agreement between INWARD (AUST) PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The parties were represented by counsel, and the application was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including compliance with the good faith bargaining requirements and the protection of employees' rights and interests.

The legal issues the court was required to decide included whether the agreement was the product of genuine and meaningful negotiations between the parties, whether it complied with the procedural requirements of the Act, and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to consider whether the agreement provided for the protection of employees' rights and interests, including minimum wages and conditions, and whether it was consistent with the principles of the industrial relations system.

The court found that the proposed agreement was the product of genuine and meaningful negotiations between the parties, and that it complied with the procedural requirements of the Act. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the industrial relations system. The court was satisfied that the agreement provided for the protection of employees' rights and interests, and that it met the criteria for approval under the Act. The court approved the proposed agreement, subject to certain minor amendments to ensure compliance with the Act.

The final orders of the court were that the proposed Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 between INWARD (AUST) PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved, subject to the minor amendments made by the court. The court also ordered that the agreement be registered with the Fair Work Commission, and that it take effect from the date of the court's decision.

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