Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7599)

SHAPE AUSTRALIA PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2021

Application for approval of the SHAPE AUSTRALIA PTY LIMITED 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 SHAPE AUSTRALIA PTY LIMITED 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 14 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 was an application for the approval of a proposed enterprise agreement between Shape Australia Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement aimed to govern the terms and conditions of employment for a specific group of workers employed by Shape Australia. The union and the employer sought the commission's approval to ensure that the agreement complied with the requirements of the Fair Work Act 2009.

The key legal issues that the commission had to address were whether the proposed agreement met the requirements for a valid enterprise agreement, including whether it provided for genuine bargaining and whether it contained the necessary minimum terms and conditions. The commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was consistent with the Fair Work Act. Furthermore, the commission had to ensure that the agreement did not contain any discriminatory provisions and that it complied with any relevant awards or other agreements that may have applied to the workers.

After reviewing the application and the evidence provided by the parties, the commission found that the proposed agreement met the requirements for a valid enterprise agreement. The commission was satisfied that the agreement had been genuinely bargained between the parties and that it provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement complied with the minimum terms and conditions set out in the Fair Work Act and that it did not contain any discriminatory provisions. The commission noted that the agreement provided for a range of benefits for the workers, including improved wages and conditions, and that it addressed a number of issues that were important to the workers.

The commission approved the proposed enterprise agreement, subject to certain conditions. The conditions included the requirement that the agreement be implemented in accordance with the terms of the agreement and that any disputes arising under the agreement be referred to the commission for resolution. The commission also imposed a condition that the agreement be reviewed by the parties two years after its approval to ensure that it continued to meet the requirements of the Fair Work Act. The approval of the agreement marked an important step forward for the workers represented by the union, providing them with improved terms and conditions of employment and greater job security.

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