Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8017)

JHM GROUP AUSTRALIA 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 COLMAN	MELBOURNE, 5 NOVEMBER 2021

Application for approval of the JHM Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the JHM Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 5 November 2021 and, in accordance with s 54, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and JHM Group Australia Pty Ltd, the union and the company applied for the approval of a proposed enterprise agreement. The CFMEU is a trade union representing workers in various industries, while JHM Group Australia Pty Ltd is an entity involved in construction and related activities. The proposed agreement, titled the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, aimed to set out the terms and conditions of employment for carpenters and joiners working as subcontractors for JHM Group.

The primary legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, and if it was in the best interests of the employees. The court had to assess if the agreement was a genuine bargain between the parties, if it met the minimum entitlements stipulated by the Act, and if it was free from any improper influence or coercion. Furthermore, the court needed to consider whether the agreement would provide a safety net for employees, promote productivity, and contribute to industrial peace.

Upon reviewing the evidence and submissions from both parties, the court found that the proposed agreement was a genuine bargain between the union and the company. The agreement met all the minimum entitlements required by the Act and was free from any improper influence or coercion. The court was satisfied that the agreement would provide a safety net for the employees, promote productivity, and contribute to industrial peace. Consequently, the court approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, recognising it as a lawful and fair agreement for the specified period.

The final orders of the court were to approve the proposed agreement as a registered agreement under the Fair Work Act 2009. The agreement would be effective from the date of the court's decision and would remain in force until the end of the specified period, or until terminated or varied in accordance with the Act. The approval of the agreement ensures that the employees represented by the CFMEU would be governed by the terms and conditions outlined in the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 during 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