Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1360)

JCO COMMERCIAL 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, 3 MAY 2024

Application for approval of the JCO Commercial 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 JCO Commercial 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 10 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 matter before the Fair Work Commission involved an application for the approval of the JCO Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The dispute centred on the provisions within the proposed enterprise agreement that the Construction, Forestry and Maritime Employees Union and JCO Commercial Pty Ltd sought to have recognised and enforced as part of the collective bargaining process. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms as required by the Fair Work Act and whether it was genuinely agreed upon by the parties involved. The Commission had to scrutinise the agreement to ensure that it complied with the legislative requirements, including provisions on minimum wages, penalties, leave entitlements, and other employment conditions. Additionally, the Commission needed to assess if there was sufficient evidence of genuine agreement and whether the agreement had been properly negotiated in good faith.

In examining the application, the Commission considered the content of the enterprise agreement and the submissions made by the parties. It found that the agreement included all the mandatory terms and that there was evidence of genuine agreement between the union and the employer. The Commission determined that the agreement was properly negotiated and met the requirements for registration under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, which would now serve as a legally binding contract between JCO Commercial Pty Ltd and the union for the specified period.

The Fair Work Commission's decision approved the JCO Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The Commission's approval ensures that the agreement is enforceable and provides a framework for the employment conditions of the workers covered by the agreement. This decision provides certainty for both the employer and the union regarding the terms of employment and the processes for resolving workplace disputes during the agreement's term.

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