Construction, Forestry and Maritime Employees Union

[2024] FWCA 4322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4030)

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

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 5 DECEMBER 2024

Application for approval of the Paneline 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 PANELINE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the applicant, and Paneline Pty Ltd, the respondent, the Fair Work Commission was presented with an application for the approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 between the applicant union and the respondent company. This application was made under the Fair Work Act 2009. The nature of the dispute centred around the provisions of the proposed enterprise agreement, particularly the terms and conditions of employment for workers within the carpentry and joinery sectors.

The legal issues the court needed to address included whether the agreement met the requirements for an enterprise agreement as outlined in the Fair Work Act, whether it contained the necessary minimum terms and conditions, and whether the agreement was made in good faith. Additionally, the court had to consider whether the agreement would provide for the efficient operation of the business and whether it provided for fair and reasonable terms and conditions.

The court found that the proposed agreement contained all the required minimum terms and conditions as set out in the Fair Work Act. It was also determined that the agreement was made in good faith and would allow for the efficient operation of Paneline Pty Ltd's business. The court further held that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. Based on these findings, the court approved the enterprise agreement. The approval was subject to specific conditions that were outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established