| [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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 3668
- Case
- [2024] FWCA 3668
- Decision Date
CaseChat Overview and Summary
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.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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