Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/897)

GRACE FF&E INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 APRIL 2024

Application for approval of the GRACE FF&E INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the GRACE FF&E INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry and Maritime Employees Union.

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. In particular, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 9 April 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 case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the Greenfields Enterprise Agreement 2020-2023 with GRACE FF&E Installations Pty Ltd, a subcontractor in the carpentry and joinery industry. The matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements and industrial relations in Australia.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval. The Commission had to consider whether the agreement was genuinely a product of bargaining between the parties, and whether it met the standards of the modern awards applicable to the industry.

The Commission found that the agreement was a genuine product of bargaining between the parties, and that it met the standards of the relevant modern awards. The Commission also found that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, hours of work, leave entitlements, and dispute resolution. The Commission approved the agreement, noting that it provided for better outcomes for employees than the applicable modern awards, and that it was in the interests of fairness and efficiency in the industry.

The Commission made orders approving the Greenfields Enterprise Agreement 2020-2023, and setting out the effective date of the agreement. The orders also provided for the agreement to be registered with the Fair Work Commission, and for the parties to take steps to give effect to the agreement. The Commission noted that the agreement was a positive development for the industry, and that it provided for better outcomes for employees than the applicable modern awards.

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