DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6227)

B & P BUILDERS GEELONG 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 COLMAN	MELBOURNE, 26 JULY 2021

Application for approval of the B & P Builders Geelong Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the B & P Builders Geelong Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 26 July 2021 and, in accordance with s 54, will operate from 2 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union v B & P Builders Geelong Pty Ltd, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of a proposed enterprise agreement. The agreement in question was between B & P Builders Geelong Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The union sought approval of the agreement under section 231 of the Fair Work Act 2009, asserting that it met the criteria for registration as a single-enterprise agreement.

The legal issues before the court involved determining whether the proposed agreement contained the necessary provisions to satisfy the legislative requirements for registration. This included assessing whether the agreement provided for the proper operation of the enterprise, was consistent with the Fair Work Act, and met the directness test, among other criteria. The court had to consider submissions from both the union and the employer, as well as any relevant industry standards and practices.

The Full Bench concluded that the proposed agreement was consistent with the legislative requirements for registration. The court found that the agreement contained the necessary provisions for the proper operation of the enterprise, was consistent with the Fair Work Act, and met the directness test. The union had demonstrated that the agreement was necessary to address the specific needs of the carpentry and joinery sub-industry within the construction industry. The Full Bench approved the agreement, noting that it provided for appropriate mechanisms for dispute resolution and compliance with industry standards. The approval was subject to certain conditions, including the requirement that the employer and the union adhere to the agreed-upon terms and conditions.

The final orders of the court included the approval of the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, subject to the aforementioned conditions. The court's decision provided clarity and certainty for both the employer and the union, ensuring that the agreement would operate effectively within the relevant industry.

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