Construction, Forestry and Maritime Employees Union

[2024] FWCA 2387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2177)

CASTLE ARCHITECTURAL SYSTEMS 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 JOHNS	MELBOURNE, 27 JUNE 2024

Application for approval of the CASTLE ARCHITECTURAL SYSTEMS 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 CASTLE ARCHITECTURAL SYSTEMS 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 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

The parties involved in the dispute were the Construction, Forestry and Maritime Employees Union (CFMEU) and Castle Architectural Systems Pty Ltd. The matter was heard in the Fair Work Commission, where the primary issue was the approval of the 2020-2023 Subcontractors Carpentry and Joinery Enterprise Agreement between the two parties. The CFMEU sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. Castle Architectural Systems Pty Ltd contested the application on the basis that the agreement did not meet the requirements of the Act.

The central legal question for the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act. The court had to determine if the agreement was fairly and properly negotiated, and if it contained the necessary terms and conditions. Additionally, the court examined whether the agreement had been properly certified by the Fair Work Commission. The court also considered the implications of the agreement on the rights and obligations of both parties and the broader industry.

The court found that the agreement was fairly and properly negotiated and contained all the necessary terms and conditions. The court also determined that the agreement had been properly certified by the Fair Work Commission. The court concluded that the agreement met all the requirements of the Fair Work Act and approved the registration of the 2020-2023 Subcontractors Carpentry and Joinery Enterprise Agreement between Castle Architectural Systems Pty Ltd and the CFMEU. The court emphasised the importance of ensuring fair and proper negotiation in the agreement-making process.

As a result of the court's decision, the 2020-2023 Subcontractors Carpentry and Joinery Enterprise Agreement was approved and registered under the Fair Work Act. The agreement will now govern the employment conditions and terms of the employees of Castle Architectural Systems Pty Ltd who are members of the CFMEU. The court's decision provides clarity and certainty for both parties and the broader industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established