Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2101)

ANIMAL COMMERCIAL CARPENTRY 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, 24 JUNE 2024

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

An application has been made for approval of an enterprise agreement known as the ANIMAL COMMERCIAL CARPENTRY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & 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 1 July 2024. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2020-2023. The Fair Work Commission was the court that heard the application. The union and the employer sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically whether they met the requirements for approval under the Act.

The primary legal issues the court had to address were whether the agreement contained the necessary minimum terms as required by the Fair Work Act, and whether it was in the best interests of the employees and the employer. The court also had to consider if the agreement provided for a fair and efficient workplace while ensuring that the rights of both the employees and the employer were protected.

In reaching its decision, the court thoroughly examined the proposed agreement and its provisions. It found that the agreement contained all the necessary minimum terms and that it was in the best interests of both the employees and the employer. The court determined that the agreement provided for a fair and efficient workplace, balancing the rights and interests of both parties. Consequently, the court approved the agreement, allowing it to come into effect as intended.

The final orders of the court were to approve the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered and would have legal effect as an enterprise agreement under the Fair Work Act.

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