Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/144)

PROCOM INSTALLATIONS PTY LTD 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, 1 FEBRUARY 2022

Application for approval of the PROCOM INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PROCOM INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & 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 8 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union, representing employees, and PROCOM Installations Pty Ltd, an employer, applied to the Fair Work Commission for the approval of a Subcontractors Carpentry & Joinery Enterprise Agreement. The agreement was to be effective from 1 July 2020 to 30 June 2023. The application was made under section 231 of the Fair Work Act 2009. The legal issues that the Fair Work Commission had to determine were whether the agreement complied with the formal requirements of the Act, and if it met the ‘better off overall test’ for the employees.

The Commission found that the agreement complied with the formal requirements of the Fair Work Act, including having been certified by the Independent Bargaining Authority. It also found that the agreement met the ‘better off overall test’, as it provided for improvements in wages, leave, and other conditions for the employees. The Commission considered that the agreement would provide a fair and reasonable outcome for the employees, and that it was in the public interest to approve it. The Commission was satisfied that the agreement was not likely to have a detrimental effect on the productivity, efficiency or profitability of the employer.

In light of the above, the Fair Work Commission approved the agreement under section 231 of the Fair Work Act. The agreement will now be legally binding on the employees and the employer for the period from 1 July 2020 to 30 June 2023. The approval of the agreement will provide certainty and stability for the employees and the employer, and will promote industrial peace and harmony in the industry.

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