Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4498)

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

Textile industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Flip Projects 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 Flip Projects 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 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.

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 5 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 applicant, Flip Projects Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union, in turn, sought amendments to the proposed agreement. The matter was heard in the Fair Work Commission, presided over by Deputy President A. A. J. M. F. The primary dispute revolved around the terms of the proposed enterprise agreement, specifically focusing on issues such as wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring the agreement was not contrary to public policy, did not unfairly discriminate, and was made in good faith. Additionally, the Commission had to consider whether the amendments proposed by the union were reasonable and necessary to address any potential adverse effects on employees.

The Commission examined the evidence presented by both parties and considered relevant legislative provisions and precedents. It found that the proposed agreement, while generally fair, contained provisions that did not align with the statutory requirements, particularly in relation to dispute resolution. After evaluating the submissions and making necessary adjustments, the Commission approved the agreement with some modifications. These changes were aimed at ensuring compliance with the Act and addressing the concerns raised by the union.

The final orders included the approval of the enterprise agreement with specific amendments to the dispute resolution clause, ensuring it met the statutory standards. The agreement was to take effect from the date of the decision, providing a framework for the employment relationship between Flip Projects Pty Ltd and the CFMEU (Victorian Construction and General Division).

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established