Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7430)

DNL INTERIORS 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 LEE	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the DNL INTERIORS 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 DNL INTERIORS 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 4 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 involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and DNL Interiors Pty Ltd for the approval of a Subcontractors Carpentry and Joinery Enterprise Agreement. The application was made to the Fair Work Commission, which was required to determine if the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The union and the employer sought the Commission's approval to ensure the agreement's enforceability and compliance with the relevant legislative framework.

The central legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections relating to the protection of employees' rights and interests. The Commission needed to assess if the agreement provided adequate protections for employees, including provisions on wages, hours of work, leave entitlements, and other conditions of employment. Furthermore, the Commission had to consider if the agreement met the requirement of being in the best interests of the employees it covered.

The Commission found that the proposed agreement contained provisions that aligned with the requirements of the Fair Work Act. The agreement included mechanisms to ensure fair and equitable treatment of employees, with specific provisions addressing wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement provided adequate protections for employees and that it was in their best interests. Consequently, the Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, making it a legally enforceable instrument.

The Fair Work Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the Commission's decision. The approval ensures that the agreement is binding on the parties and enforceable under the Fair Work Act. This decision provides clarity and certainty for both employers and employees in the carpentry and joinery sectors, ensuring that they are protected by the agreed terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established