Construction, Forestry and Maritime Employees Union

[2025] FWCA 11

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5180)

INSIGHT FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JANUARY 2025

Application for approval of the INSIGHT FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the INSIGHT FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 October 2024 and the Agreement was made on 6 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

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 9 January 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the INSIGHT FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The applicants were the union representing the employees and the employer. The primary concern was whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees. The dispute arose due to certain provisions within the agreement which needed to be scrutinised to ensure they met the statutory requirements and did not unfairly disadvantage the employees.

The legal issues the court needed to address included the compliance of the proposed enterprise agreement with the Fair Work Act 2009, the fairness of the terms to the employees, and whether the agreement was made in good faith. The court had to examine if the agreement contained all the mandatory terms as stipulated by the legislation, if there were any discriminatory provisions, and if the negotiation process was genuine. The union and the employer had to provide evidence and justifications for any contentious terms within the agreement.

The court examined the submissions from both parties and reviewed the content of the enterprise agreement. It found that the agreement was compliant with the Fair Work Act 2009, including the mandatory terms. The court was satisfied that the agreement was fair and did not unfairly disadvantage any of the employees. The negotiation process was deemed to be conducted in good faith, with both parties providing adequate evidence of their efforts to reach an agreement that was beneficial to both parties. Based on the thorough analysis, the court approved the proposed enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established