DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6481)

YARRA CARPENTRY SERVICES 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, 11 AUGUST 2021

Application for approval of the YARRA CARPENTRY SERVICES 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 YARRA CARPENTRY SERVICES 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 18 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the YARRA CARPENTRY SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was lodged under the Fair Work Act 2009, which seeks to balance the interests of employees, employers, and the community by promoting productive and harmonious workplace relations.

The primary legal issue before the court was whether the terms of the proposed enterprise agreement met the requirements for registration under the Fair Work Act. Specifically, the court had to determine if the agreement provided for a fair and reasonable determination of terms and conditions of employment, whether it adhered to the procedural requirements for making such agreements, and if it was consistent with the broader objectives of the Act, including promoting higher wages and better working conditions.

The court meticulously examined the provisions of the agreement and considered the submissions from both the CFMEU and the employer, YARRA CARPENTRY SERVICES PTY LTD. It assessed whether the agreement was made in good faith and whether it complied with the procedural prerequisites set out in the Act, including the requirement for the agreement to be in writing and for the parties to have genuinely negotiated the terms. The court found that the agreement met all necessary criteria and was in line with the overarching objectives of the Act. Consequently, the court approved the agreement, thereby formalising the terms and conditions of employment for the specified period.

No additional orders were made beyond the approval of the enterprise agreement as per the application. The decision affirmed the procedural correctness and substantive fairness of the agreement, ensuring that it would govern the employment relationship between the parties for the next three years.

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