Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7803)

SHOT AL CONSTRUCTIONS 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, 21 OCTOBER 2021

Application for approval of the SHOT AL CONSTRUCTIONS 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 SHOT AL CONSTRUCTIONS 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 28 October 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 parties involved in this case were SHOT AL CONSTRUCTIONS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically the Victorian Construction and General Division. The dispute centred around the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement for the period 2020-2023. The case was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the Commission were whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, including ensuring that the agreement did not predetermine the outcome of a future enterprise bargaining process and was made in good faith. The Commission had to determine if the agreement complied with these legislative requirements and if it provided for the appropriate terms and conditions for the employees involved.

The Fair Work Commission examined the terms of the proposed agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and did not predetermine the outcome of future bargaining. It considered the nature of the bargaining process, the extent of consultation, and the alignment of the agreement with the relevant legislative provisions. The Commission concluded that the agreement was fair and balanced, meeting all the necessary requirements for approval.

In light of these findings, the Fair Work Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 between SHOT AL CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be in the best interests of the employees and was not detrimental to the parties involved. The Commission's decision was based on the thorough evaluation of the agreement's terms, the bargaining process, and the compliance with relevant legislative standards.

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