Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3860)

CANNARD HICKS CARPENTRY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 29 OCTOBER 2024

Application for approval of the CANNARD HICKS CARPENTRY 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 CANNARD HICKS CARPENTRY 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 5 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 Construction, Forestry and Maritime Employees Union, on behalf of the CANNARD HICKS CARPENTRY employees, and the CFMEU (Victorian Construction and General Division) sought approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission. The central issue before the court was whether the proposed agreement met the necessary standards under the Fair Work Act 2009 to be approved as a registered agreement.

The court carefully considered the provisions of the proposed agreement against the criteria set out in the Fair Work Act. The primary focus was on whether the agreement provided fair and reasonable terms and conditions, including provisions on wages, hours of work, and other employment conditions. The court examined whether the agreement adequately protected the rights and interests of the employees while also considering the practicalities and sustainability for the employer. Ultimately, the court found that the agreement did meet the required standards and was in the best interest of both the employees and the employer, thus approving the agreement for registration.

In reaching its decision, the court took into account the parties' negotiations, the nature of the industry, and the economic context. The court noted that the agreement provided a fair balance between the rights of employees and the operational needs of the employer. Given this, the court determined that the agreement should be approved and registered. The court's final order was to approve the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 as a registered agreement, effective from the date of the decision.

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