DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6938)

INSIGHT FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the INSIGHT FIXING 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 INSIGHT FIXING 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and INSIGHT FIXING PTY LTD for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was made under section 235 of the Fair Work Act 2009. The primary dispute centred around the terms and conditions of employment for carpentry and joinery subcontractors within the specified period. The Commission was tasked with assessing whether the agreement met the requirements of the Act, including fairness, efficiency, flexibility, and simplicity.

The key legal issues addressed by the Commission involved the fairness of the proposed agreement, its alignment with the objectives of the Fair Work Act, and whether it provided for appropriate mechanisms to resolve disputes between the parties. The Commission considered whether the agreement appropriately balanced the interests of both employers and employees and if it facilitated productivity and flexibility within the industry. Additionally, the Commission evaluated whether the agreement adequately addressed the needs of small businesses and promoted good-faith bargaining.

In its decision, the Commission found that the proposed agreement was fair and met the requirements of the Fair Work Act. The Commission highlighted the agreement's provisions for dispute resolution, its consideration of the economic circumstances of the industry, and the balance it struck between the interests of employers and employees. The Commission also noted the agreement's provisions aimed at promoting productivity and flexibility, as well as its consideration of the needs of small businesses. The Commission concluded that the agreement was in the best interests of the employees and employers covered by it.

The Fair Work Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission within the prescribed timeframe. The decision provided a detailed analysis of the agreement's provisions and the Commission's reasoning for its approval, ensuring transparency and accountability in the decision-making process.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established