Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/254)

RYFIX PTY LTD AS TRUSTEE FOR RYAN FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 FEBRUARY 2022

Application for approval of the RYFIX PTY LTD AS TRUSTEE FOR RYAN FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the RYFIX PTY LTD AS TRUSTEE FOR RYAN FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the RYFIX PTY LTD AS TRUSTEE FOR RYAN FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, the relevant tribunal in Australia responsible for overseeing the enforcement and interpretation of employment laws and agreements. The dispute centred on whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. The CFMEU sought to establish terms and conditions for subcontractors working in the carpentry and joinery sectors within Victoria.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act, specifically sections 228 and 230, which outline the criteria for an enterprise agreement to be approved. This included ensuring the agreement provided for fair and reasonable terms, did not discriminate against employees, and was made in good faith. The Commission also had to determine if the agreement contained all necessary provisions and met the requirements for a "simple agreement," given the scope of the enterprise.

The Commission examined the proposed agreement in detail, considering the submissions from both parties. It found that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The Commission concluded that the agreement met the statutory criteria for approval, including the good faith requirement. It noted that the agreement was comprehensive and covered all necessary provisions, ensuring it was in the best interests of the employees. The Commission approved the agreement, finding it to be fair and reasonable, and compliant with the Fair Work Act.

The Fair Work Commission approved the RYFIX PTY LTD AS TRUSTEE FOR RYAN FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was deemed to meet all legal requirements and was considered fair and reasonable for the employees it covered. The Commission's approval was based on a thorough examination of the agreement's provisions and its compliance with the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established