Construction, Forestry and Maritime Employees Union

[2024] FWCA 409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/90)

MARILJOHN COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 JANUARY 2024

Application for approval of the MARILJOHN COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MARILJOHN COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 7 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 sought approval of a proposed enterprise agreement between MARILJOHN COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The dispute centred around the terms and conditions of employment, particularly in relation to wages, hours of work, and other workplace provisions.

The central legal issue was whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009, including provisions for minimum wages, maximum weekly hours, and the inclusion of certain prohibited content. Additionally, the court had to consider whether the agreement met the criteria for being a "single, integrated, and coherent" document, which is necessary for its approval.

The Commission examined the agreement in detail, taking into account the submissions from both parties and relevant legislative provisions. It determined that the agreement did indeed meet the statutory requirements, as it provided for fair and reasonable terms that adequately addressed the needs of both employers and employees. The agreement contained provisions for minimum wages, overtime, penalty rates, and other employment conditions that were consistent with the Fair Work Act. Furthermore, the Commission found that the agreement was a single, integrated, and coherent document. Consequently, the application for approval was successful.

The final orders of the Commission were that the proposed enterprise agreement between MARILJOHN COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 was approved. The agreement would now be registered and enforceable, governing the terms and conditions of employment between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established