Construction, Forestry and Maritime Employees Union

[2024] FWCA 4302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4181)

GOODWILL INSTALL 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 BELL	MELBOURNE, 4 DECEMBER 2024

Application for approval of the GOODWILL INSTALL 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 GOODWILL INSTALL 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The CFMEU, 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 was approved on 4 December 2024 and, in accordance with s.54 of the Act, will operate from 11 December 2024. 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 case before the Fair Work Commission involved an application for approval of the Good Will Install Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 – 2027. The union and the employer sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the requirements of the Act, including whether it had been made in accordance with the relevant provisions and whether it contained the necessary minimum terms and conditions.

The Commission considered whether the agreement was made in accordance with the requirements of the Act, including whether there had been genuine bargaining between the parties and whether the agreement had been properly negotiated. The Commission also examined whether the agreement contained the minimum terms and conditions prescribed by the Act, including the minimum wages, leave entitlements and other conditions of employment. The Commission found that the agreement had been made in accordance with the Act and that it contained the necessary minimum terms and conditions. The Commission approved the agreement as a registered agreement under the Act.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. The Commission found that the evidence demonstrated that the agreement had been genuinely negotiated between the parties and that it contained the necessary minimum terms and conditions. The Commission also noted that the agreement provided for a range of benefits for employees, including improved wages and conditions, and that it represented a fair and reasonable outcome for both parties. The Commission approved the agreement as a registered agreement under the Act, effective from 1 July 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established