Construction, Forestry and Maritime Employees Union

[2024] FWCA 1462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1235)

LIFT 'N' FIX 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, 26 APRIL 2024

Application for approval of the LIFT 'N' FIX 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 LIFT ‘N’ FIX 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 1 May 2024. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union to approve the LIFT 'N' FIX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This agreement pertains to the terms and conditions of employment for carpenters and joiners working under subcontract arrangements within the construction industry in Victoria. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory criteria for approval, including ensuring it provided for fair and reasonable terms and conditions of employment.

The primary legal issues the Commission had to address were whether the agreement complied with the statutory requirements of the Fair Work Act 2009, and if it provided for fair and reasonable terms and conditions of employment. This involved examining various aspects of the agreement, including wages, hours of work, leave provisions, and other employment conditions. The Commission also had to consider if the agreement appropriately balanced the interests of both employers and employees and adhered to the principles of enterprise bargaining.

The Commission found that the agreement met the statutory criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the industry and the parties involved. The Commission acknowledged the negotiations between the union and the employer, which resulted in a comprehensive agreement that addressed the needs and expectations of both parties. The Commission noted that the agreement contained provisions for wage progression, reasonable working hours, and adequate leave entitlements, which were deemed appropriate under the circumstances. Additionally, the agreement included mechanisms for resolving disputes and maintaining fair workplace practices.

The Fair Work Commission approved the LIFT 'N' FIX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was set to govern the employment conditions for carpenters and joiners working under subcontract arrangements in Victoria for the specified period. The Commission's approval signified that the agreement met the necessary legal standards and provided a fair framework for the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established