Construction, Forestry and Maritime Employees Union

[2024] FWCA 4010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4129)

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

Building services
COMMISSIONER MATHESON	SYDNEY, 18 NOVEMBER 2024

Application for approval of the Proline Facades 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 Proline Facades 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.

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 25 November 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 matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Proline Facades Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question, the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, was submitted for the Commission's consideration and approval. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those related to the requirements for the content and registration of enterprise agreements.

The primary legal issues before the Commission were whether the agreement contained the necessary minimum terms and conditions as mandated by the Fair Work Act and whether it complied with the procedural requirements for registration and approval. This included assessing whether the agreement was certified as a single-employer, single-enterprise agreement, whether it was made in good faith, and whether it was free from any illegal content. Additionally, the Commission needed to determine if the agreement was made in accordance with the prescribed process, including whether there was adequate consultation and if the agreement had been properly presented for approval.

In its decision, the Commission found that the agreement complied with all the necessary statutory requirements. It contained the minimum terms and conditions as stipulated by the Fair Work Act, including those related to wages, hours of work, and other employment conditions. The Commission also determined that the agreement was certified correctly, was made in good faith, and was free from any illegal content. Furthermore, the process by which the agreement was made was found to be compliant with the procedural requirements, including adequate consultation between the parties. Based on these findings, the Commission approved the agreement, confirming its validity and enforceability.

The Fair Work Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 between Proline Facades Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was found to meet all legal requirements, including the inclusion of the necessary minimum terms and conditions, proper certification, and compliance with the procedural standards for making and approving enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established