Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3829)

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

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 24 OCTOBER 2024

Application for approval of the AUSWOOD GROUP (VIC) 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 AUSWOOD GROUP (VIC) 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.

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 31 October 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 court involved an application by the Australian Council of Trade Unions (ACTU) for approval of the AUSWOOD GROUP (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The application was made under section 231 of the Fair Work Act 2009 (Cth). The dispute centred around whether the proposed agreement met the criteria for registration under the Act and whether it provided fair terms and conditions for employees within the scope of the agreement.

The key legal issues before the court were whether the proposed enterprise agreement was a genuine bargain, whether it complied with the procedural requirements of the Act, and if it contained terms that were fair and reasonable. The court also had to consider if the agreement met the specific requirements outlined in the Fair Work Act, including provisions for minimum wages, conditions of employment, and the processes for resolving disputes.

The Fair Work Commission, having reviewed the application, found that the agreement was a genuine bargain, had been negotiated in good faith, and met the procedural requirements of the Fair Work Act. The commission determined that the terms and conditions of the agreement were fair and reasonable, and it did not contain any terms that would undermine the safety and health of employees. The agreement was found to provide a balanced outcome that recognised the rights of both employers and employees, and it was approved for registration. The court confirmed the decision of the commission, recognising the importance of the agreement in providing a stable and fair working environment for the employees of AUSWOOD GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise.

The final orders of the court were to approve the registration of the AUSWOOD GROUP (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 under section 231 of the Fair Work Act 2009 (Cth). The agreement was registered as a single-employer enterprise agreement, effective from the date of the court's decision. The court emphasised the importance of the agreement in providing a stable and fair working environment for employees and recognised the efforts of both parties in negotiating a balanced outcome.

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