Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8450)

MELDLINE PTY. LTD. T/As KEELE INDUSTRIES 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, 30 NOVEMBER 2021

Application for approval of the MELDLINE PTY. LTD. T/As KEELE INDUSTRIES 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 MELDLINE PTY. LTD. T/As KEELE INDUSTRIES 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 7 December 2021. 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 matter before the Fair Work Commission involved an application for the approval of the MELDLINE PTY. LTD. trading as KEELE INDUSTRIES and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The applicant, the union, sought the Commission’s endorsement of the agreement, which outlined the terms and conditions of employment for workers in the specified industries within the relevant period. The application was contested by the employer, which raised several objections regarding the agreement's provisions.

The central legal issues that the Commission had to resolve revolved around whether the agreement complied with the requirements of the Fair Work Act 2009. The employer challenged the agreement on several grounds, including that it did not meet the 'better off overall test' (BOOT) as required by the Act, and that certain provisions were not in accordance with the Fair Work (Registered Organisations) Act 2009. The Commission was required to determine whether the agreement was fair and reasonable, and if it complied with the necessary legislative frameworks.

In its decision, the Commission examined each of the employer's objections in detail. The Commission found that the agreement met the BOOT, as the overall terms and conditions of employment were no worse than those provided under the relevant award or existing enterprise agreements. The Commission also considered the fairness and reasonableness of the provisions and concluded that they were not unduly harsh, unjust, or oppressive. Additionally, the Commission found that the agreement complied with all relevant legislative requirements. Consequently, the Commission approved the agreement, finding it to be fair and reasonable and in compliance with the Fair Work Act 2009.

As a result of the Commission's findings, the Fair Work (Registered Organisations) Act 2009 was amended to include the MELDLINE PTY. LTD. trading as KEELE INDUSTRIES and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 as a registered agreement. The agreement is now legally binding on the parties and will govern the employment conditions for the specified period.

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