Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9032)

KURE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the KURE GROUP PTY LTD 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.

[2] 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.

[3] 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.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the matter of an application for the approval of the KURE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The applicant, KURE GROUP PTY LTD, sought approval for the proposed enterprise agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union argued that the agreement was necessary to improve working conditions and fairness for the employees within the specified industry.

The central legal issues before the Commission involved the procedural validity of the agreement and its compliance with the Fair Work Act. Specifically, the court needed to assess whether the agreement had been made in good faith, whether it contained the essential minimum terms, and whether it had been properly certified by the Australian Building and Construction Commission (ABCC). Additionally, the Commission had to consider whether the agreement provided for an effective dispute resolution mechanism and whether it met the requirements for the protection of employees' rights.

In rendering its decision, the Commission carefully examined the evidence and submissions provided by both parties. It found that the agreement had been negotiated in good faith and contained the essential minimum terms as required by the Fair Work Act. The Commission also noted that the agreement had been properly certified by the ABCC and included provisions for effective dispute resolution. Furthermore, the Commission determined that the agreement did not unjustifiably discriminate against any class of employees and provided for appropriate protections for employees' rights. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the KURE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, confirming its compliance with the statutory requirements under the Fair Work Act. The decision was made on the basis that the agreement was negotiated in good faith, contained the essential minimum terms, and included adequate provisions for dispute resolution and employee protections.

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