Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1905)

WYNSTAN COMMERCIAL VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 JUNE 2024

Application for approval of the Wynstan Commercial Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Wynstan Commercial Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 18 June 2024. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Wynstan Commercial Victoria Pty Ltd for the approval of an enterprise agreement. The dispute arose under the Fair Work Act 2009 and related to the proposed Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The primary focus of the application was to ensure the agreement complied with all legal requirements before it could be registered and enforced. The Fair Work Commission heard the application.

The legal issues before the court involved determining whether the proposed enterprise agreement met all statutory requirements under the Fair Work Act. Key issues included whether the agreement was made in good faith, if it included all necessary provisions as required by the Act, and if it adhered to the proper procedures for the registration and enforcement of such agreements. Another significant consideration was whether the agreement would have a fair and reasonable impact on the employees and the industry.

The court examined the application thoroughly, considering submissions from both parties. The court found that the agreement was made in good faith and contained all necessary provisions as required by the Fair Work Act. It also determined that the agreement was fair and reasonable for the purposes of registration and enforcement. Consequently, the court approved the application and registered the enterprise agreement. The approval allows the agreement to be used to regulate the employment conditions of the workers within the specified period.

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