Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1655)

CRAFT8 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 LEE	MELBOURNE, 29 MAY 2024

Application for approval of the CRAFT8 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 CRAFT8 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 the 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 5 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 for approval of an enterprise agreement between CRAFT8 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The union and the employer sought the court's endorsement of the proposed agreement, which was to govern the terms and conditions of employment for carpenters and joiners within the specified period. The legal framework guiding this application is provided under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by a court to be legally binding.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval. This involved examining if the agreement was genuinely a product of genuine agreement between the parties, if it complied with the procedural requirements, and if it included the necessary minimum terms as stipulated by the Fair Work Act 2009. The court also had to ensure that the agreement did not negatively affect employees' rights or impose any unfair terms.

In deliberating on the application, the court meticulously reviewed the procedural aspects of the agreement's formation, ensuring all mandatory consultation processes had been properly conducted. The court confirmed that the agreement was not only the result of genuine negotiations but also contained all the mandated minimum terms. The court found that the agreement did not impose any terms that were unfair or detrimental to the employees and thus satisfied the statutory requirements. Consequently, the court approved the proposed enterprise agreement, recognising it as a binding contract between the parties.

The court's final order was that the CRAFT8 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 be approved and declared to have effect as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to legally govern the employment terms and conditions for the specified duration, providing certainty and stability for both the employer and the employees involved.

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