Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7812)

T.S. & G. ROCKS PTY. LTD. T/AS ADVANCED FIRE DOORS 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, 22 OCTOBER 2021

Application for approval of the T.S. & G. ROCKS PTY. LTD. T/As ADVANCED FIRE DOORS 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 T.S. & G. ROCKS PTY. LTD. T/As ADVANCED FIRE DOORS 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 29 October 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 the T.S. & G. ROCKS PTY. LTD. T/As ADVANCED FIRE DOORS and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The primary dispute centred on the terms and conditions outlined within the proposed agreement, specifically regarding the application of certain provisions to the workforce of the respondent company.

The court was required to determine whether the proposed enterprise agreement was fair and reasonable and whether it complied with the relevant provisions of the Fair Work Act 2009. This involved assessing the agreement against the Fair Work (Registered Organisations) Act 2009, particularly sections 230 and 231, which require that agreements be fair and reasonable, and sections 236 and 237, which address the substantive fairness of agreements. The court also had to consider whether the agreement provided for the appropriate balance of rights and obligations for both the employer and the employees, and whether it adhered to the requirements for registration.

In reaching its decision, the Fair Work Commission examined the submissions from both parties and the evidence presented. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs of the carpentry and joinery industry. The Commission found that the agreement met the requirements for fairness and reasonableness, as it provided for appropriate protections for employees and balanced the rights and obligations of both parties. The Commission also determined that the agreement complied with all relevant provisions of the Fair Work Act 2009, and accordingly approved the enterprise agreement.

The Fair Work Commission approved the T.S. & G. ROCKS PTY. LTD. T/As ADVANCED FIRE DOORS and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. The Commission determined that the agreement was fair and reasonable, and complied with the requirements of the Fair Work Act 2009.

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