Construction, Forestry and Maritime Employees Union

[2024] FWCA 463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/120)

PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENS PTY LIMITED AS TRUSTEE FOR PAWSS BUSINESS TRUST T/AS PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENS 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 JOHNS	SYDNEY, 5 FEBRUARY 2024

Application for approval of the PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENS PTY LIMITED AS TRUSTEE FOR PAWSS BUSINESS TRUST T/As PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENSPTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Application for approval of the PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENS PTY LIMITED AS TRUSTEE FOR PAWSS BUSINESS TRUST T/As PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENSPTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & 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 12 February 2024. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, along with a number of employees, sought approval of an enterprise agreement between Perfect Australian Wardrobes & Shower Screens Pty Limited as trustee for the PAWSS Business Trust trading as Perfect Australian Wardrobes & Shower Screens Pty Ltd, and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2020-2023. The union and the employees argued that the agreement met the criteria for approval under the Fair Work Act 2009. The employer contested the application, contending that the agreement did not meet certain statutory requirements and was not in the best interests of the employees.

The central legal issues before the Commission were whether the agreement complied with the mandatory requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission examined the terms of the agreement, the process by which it was negotiated, and whether it contained all the prescribed minimum terms and conditions of employment. Additionally, the Commission considered the views and submissions of both the union and the employer.

The Commission determined that the agreement satisfied all the statutory requirements of the Fair Work Act and was in the best interests of the employees. It found that the agreement had been negotiated in good faith, contained all the necessary minimum terms and conditions, and provided appropriate protections for employees. The Commission also noted that the agreement included provisions that went beyond the minimum standards, such as provisions for dispute resolution and employee development. After considering all the evidence and submissions, the Commission approved the agreement.

The final orders of the Commission were that the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until the end of the specified period, unless terminated earlier in accordance with the provisions of the Fair Work Act. The employer was required to provide a copy of the approved agreement to the Commission and to each employee covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established