DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6205)

G2G GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building services
COMMISSIONER LEE	MELBOURNE, 26 JULY 2021

Application for approval of the G2G GROUP 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 G2G GROUP 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 2 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between G2G Group 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 to have the agreement recognised as a valid enterprise agreement under the Fair Work Act 2009. The central dispute revolved around the union's procedural compliance with the Act when seeking to finalise the agreement and whether the agreement met the statutory requirements for approval.

The key legal issues before the Commission included whether the union had followed the correct procedures to finalise the agreement and whether the agreement contained provisions that complied with the legislative criteria for approval. This encompassed an examination of the union's compliance with the notification and bargaining processes as prescribed by the Act. Additionally, the Commission had to consider whether the agreement contained permissible terms and conditions of employment and whether it was consistent with the overarching public policy objectives of the Act.

The Commission determined that the union had followed the necessary procedures in finalising the agreement and that the agreement itself complied with the statutory requirements. The union's process of seeking approval, including the requisite notifications and consultations, was deemed to be in accordance with the Act. The Commission found that the agreement contained terms and conditions of employment that were fair and reasonable, and it did not contravene any of the provisions of the Fair Work Act. Consequently, the Commission approved the agreement, recognising it as a valid enterprise agreement. This decision allowed the agreement to be applied to the employees of G2G Group Pty Ltd as per the terms negotiated with the union.

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