Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3991)

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

Building services
COMMISSIONER MATHESON	SYDNEY, 11 NOVEMBER 2024

Application for approval of the STANDSTRUCT AUSTRALIA 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 STANDSTRUCT AUSTRALIA PTY LTD 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 18 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 applicant, the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), sought approval of an enterprise agreement between STANDSTRUCT AUSTRALIA PTY LTD and the union. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission.

The primary legal issue was whether the proposed enterprise agreement met the statutory requirements for approval. This included ensuring the agreement was a genuine bargain between the parties, provided for the resolution of disputes, and met the "better off overall test." The latter required that the agreement would not disadvantage employees compared to their existing terms and conditions.

The Fair Work Commission found that the agreement satisfied all the statutory requirements. The commission concluded that the agreement was a genuine bargain and contained provisions for the resolution of disputes. Additionally, the commission was satisfied that the agreement met the better off overall test, as it provided for improved wages and conditions for the employees. Consequently, the commission approved the enterprise agreement.

The Fair Work Commission approved the STANDSTRUCT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027.

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