Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8036)

RMB INSTALL 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 JOHNS	SYDNEY, 5 NOVEMBER 2021

Application for approval of the RMB INSTALL 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 RMB INSTALL 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 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 12 November 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 involved an application for the approval of the RMB Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, a tribunal in Australia responsible for resolving workplace disputes and overseeing the enforcement of workplace laws. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether it provided for the genuine agreement of the parties involved and whether it complied with the Act's provisions.

The central legal issues before the court were whether the enterprise agreement demonstrated genuine agreement between the employer and the union, and if the terms and conditions outlined within the agreement complied with the statutory obligations under the Fair Work Act. The court was required to scrutinise the process by which the agreement was negotiated and if the final document reflected the consensus of the parties involved. Additionally, the court needed to determine if the agreement's terms and conditions were consistent with the broader objectives of the Act, including fairness and efficiency in the workplace.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the proposed enterprise agreement did indeed reflect the genuine agreement of the parties. The Commission was satisfied that the negotiation process had been fair and transparent, with both the employer and the union having had an opportunity to express their views and reach a consensus. The Commission also confirmed that the terms and conditions of the agreement were consistent with the Fair Work Act, providing for appropriate wages, conditions, and dispute resolution mechanisms. Therefore, the Commission approved the agreement, finding that it met all the necessary statutory requirements.

As a result of the Commission's decision, the RMB Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 was approved, and the agreement would now apply to the relevant employees and employers. This decision ensures that the parties involved will be governed by the terms and conditions outlined in the enterprise agreement, promoting a fair and efficient workplace environment.

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