Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2174)

CASTLE ARCHITECTURAL SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2024

Application for approval of the Castle Architectural Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Castle Architectural Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 4 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

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for an enterprise agreement between Castle Architectural Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The dispute came before the Fair Work Commission (FWC), a tribunal established under the Fair Work Act 2009 (Cth). The key issue for the FWC was whether the proposed agreement met the criteria for approval under the Act, specifically whether it was in the public interest, and whether it provided for the appropriate balance between the parties' interests.

The FWC considered several factors in determining whether the agreement was in the public interest. These included the agreement's potential impact on productivity, efficiency, and industrial relations in the industry. The FWC also considered whether the agreement provided for appropriate protections for employees, including provisions for minimum wages, hours, and conditions of employment. The FWC found that the agreement met the criteria for approval, noting that it provided for a reasonable balance between the parties' interests and that it was in the public interest.

The FWC also considered whether the agreement provided for appropriate protections for employees. The FWC found that the agreement provided for appropriate minimum wages, hours, and conditions of employment, and that it included provisions for dispute resolution and the protection of employee rights. The FWC noted that the agreement provided for a reasonable balance between the parties' interests and that it was in the public interest.

The FWC approved the proposed enterprise agreement, subject to certain conditions. These conditions included the requirement that the agreement be registered with the Australian Industrial Relations Commission and that it be implemented in accordance with the Fair Work Act 2009 (Cth). The FWC also noted that the agreement was subject to review and amendment in accordance with the Act, and that it could be terminated by either party in certain circumstances.

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