Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7457)

BONETTO FAMILY TRUST (THE TRUSTEE FOR) T/AS MAYFAIR INSTALLATIONS 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, 29 SEPTEMBER 2021

Application for approval of the BONETTO FAMILY TRUST (THE TRUSTEE FOR) T/As MAYFAIR INSTALLATIONS 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 BONETTO FAMILY TRUST (THE TRUSTEE FOR) T/As MAYFAIR INSTALLATIONS 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 6 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 case before the Fair Work Commission involved an application for approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 by the BONETTO FAMILY TRUST trading as Mayfair Installations and the CFMEU (Victorian Construction and General Division). The agreement was intended to cover employees in the subcontractor carpentry and joinery industry within the specified timeframe. The primary dispute centred around whether the proposed agreement met the legal standards and criteria required for its approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement complied with the procedural and substantive requirements set out in the Act. This included assessing whether the agreement had been fairly negotiated, if it met the "better off overall test", and if it contained all the prescribed minimum terms and conditions. Additionally, the court had to examine whether the agreement adhered to the good faith bargaining principles and was in the best interests of the employees it sought to cover.

In delivering its decision, the court scrutinised the negotiation process and found that it had been conducted in good faith and adhered to the necessary procedural steps. The court also determined that the agreement satisfied the "better off overall test", meaning it provided employees with at least the same pay and conditions as those under the existing awards. Furthermore, the court was satisfied that the agreement contained all the prescribed minimum terms and conditions and was fair and reasonable in all its aspects. Therefore, the court approved the agreement, ensuring it would provide appropriate protections and benefits to the employees covered by it.

The final orders of the court approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, allowing it to take effect as a legally binding instrument between the parties involved. The court's approval signified that the agreement met the necessary legal standards and would provide fair and reasonable terms and conditions for employees in the subcontractor carpentry and joinery industry.

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