Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8091)

THE LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/AS LL INSTALLATIONS 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, 15 NOVEMBER 2021

Application for approval of THE LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/as LL INSTALLATIONS 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 LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/as LL INSTALLATIONS 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 22 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Lawry Operating Trust, trading as LL Installations, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 were the subject of an application for approval. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement between the parties. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided a fair and efficient workplace relationship and whether it met the requirements for bargaining and approval under the Act. Additionally, the Commission had to ensure that the agreement was not contrary to public policy.

After carefully considering the submissions and evidence presented by both parties, the Commission concluded that the proposed enterprise agreement did not meet the necessary criteria for approval. The Commission found that certain provisions within the agreement were not fair and efficient, and therefore, the agreement did not provide a suitable framework for a balanced workplace relationship. As a result, the application for approval was dismissed. The Commission did not make any orders as the application was not approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established