Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3986)

NU-LITE BALUSTRADING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 26 NOVEMBER 2024

Application for approval of the NU-LITE BALUSTRADING 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 NU-LITE BALUSTRADING and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & 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 3 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

The parties involved in this application are the NU-LITE BALUSTRADING and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). The dispute pertains to the approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. This matter was brought before the Fair Work Commission, which is responsible for approving such agreements.

The central legal issue that the Commission had to address was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This included evaluating whether the agreement covered only matters that are bargainable, whether it was made in good faith, and if it included provisions that complied with the Fair Work (Registered Organisations) Act 2009.

The Commission examined the agreement clause by clause and determined that it met all the statutory requirements for approval. The agreement was found to cover only bargainable matters, was made in good faith, and contained provisions that were consistent with the relevant legislation. The Commission took into account the bargaining process, the terms of the agreement, and the context in which it was made. After careful consideration, the Commission concluded that the agreement should be approved.

Consequently, the Fair Work Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, effective from the date of the decision. The Commission's decision provides clarity and certainty for both the employer and the employees covered by the agreement, ensuring that it complies with the necessary legal standards.

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