Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8234)

COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 NOVEMBER 2021

Application for approval of the COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST 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 COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT 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.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a subcontractor's enterprise agreement between COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The dispute centred on the fairness and compliance of the agreement with relevant industrial laws and the standards set forth by the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the requirements for simplification and modernisation of the industrial system, as well as ensuring that it did not undermine the capacity of employees to protect their interests.

The primary legal issues that the Commission had to address included whether the agreement contained terms and conditions that were fair and reasonable, whether it complied with the provisions of the Fair Work Act, and whether it appropriately balanced the interests of both employers and employees. Additionally, the Commission examined whether the agreement facilitated genuine bargaining and if it adhered to the principles of the modern industrial relations system. The Commission also considered whether the agreement was likely to lead to improved productivity, efficiency, and flexibility in the workplace.

After a thorough examination of the agreement, the Fair Work Commission found that the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable, complied with the Fair Work Act, and adequately balanced the interests of both parties. Furthermore, the Commission concluded that the agreement facilitated genuine bargaining and aligned with the principles of a modern industrial relations system. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and employers involved.

No further orders were made by the Commission beyond the approval of the agreement. The decision underscored the importance of enterprise agreements in maintaining a balanced and fair industrial relations environment, reflecting the principles of modern workplace relations.

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