Construction, Forestry and Maritime Employees Union

[2024] FWCA 3668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3895)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2024

Application for approval of the Kwill Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Kwill Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 22 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a proposed enterprise agreement between Kwill Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The union sought to have the agreement registered, asserting that it complied with the relevant statutory requirements and provided fair terms and conditions for the employees involved.

The central legal issues for the court to determine were whether the proposed agreement met the necessary conditions for registration under the Fair Work Act 2009, and if it achieved a balance of fairness for both the employer and the employees. Specifically, the court had to consider if the agreement contained all the mandated terms, if it had been genuinely negotiated between the parties, and whether it ensured a minimum safety net of entitlements and conditions.

The Fair Work Commission examined the proposed agreement in detail, considering the provisions related to wages, hours of work, leave, and other employment conditions. The court found that the agreement was comprehensive and addressed all required elements, including the mandated minimum terms. It also determined that the agreement had been genuinely negotiated and represented a fair and reasonable outcome for both parties. Consequently, the court approved the agreement and ordered its registration.

The final orders included the registration of the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, effective from the date of the decision. This decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and meet all statutory requirements, providing a stable and fair workplace for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established