Construction, Forestry and Maritime Employees Union

[2024] FWCA 1838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1562)

N&A PRO SOLUTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building services
COMMISSIONER LEE	MELBOURNE, 22 MAY 2024

Application for approval of the N&A PRO SOLUTION 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 N&A PRO SOLUTION 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 29 May 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 Construction, Forestry and Maritime Employees Union (CFME) and N&A Pro Solution Pty Ltd were involved in a dispute over the approval of a subcontractor's enterprise agreement. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the subcontractor's enterprise agreement, which was to govern the terms and conditions of employment for carpenters and joiners working under N&A Pro Solution Pty Ltd, met the requirements of the Fair Work Act 2009.

The Commission needed to determine if the agreement was made in good faith, if it was genuinely intended to be an enterprise agreement, and if it complied with the relevant provisions of the Act. The CFMEU argued that the agreement did not meet these criteria, while N&A Pro Solution Pty Ltd contended that it did. The Commission considered the evidence presented by both parties and examined the provisions of the Act, including the requirements for the approval of enterprise agreements.

After reviewing the evidence and the relevant statutory provisions, the Commission found that the subcontractor's enterprise agreement was made in good faith and was genuinely intended to be an enterprise agreement. The Commission also determined that the agreement complied with the requirements of the Act. The CFMEU's objections were dismissed, and the agreement was approved.

The Fair Work Commission approved the N&A Pro Solution Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The Commission found that the agreement met the necessary criteria under the Fair Work Act 2009, and it was to govern the terms and conditions of employment for carpenters and joiners working under N&A Pro Solution Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established