DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6182)

COASTLINE CARPENTRY & BUILDING (VIC) 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, 23 JULY 2021

Application for approval of the COASTLINE CARPENTRY & BUILDING (VIC) 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 COASTLINE CARPENTRY & BUILDING (VIC) 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 30 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Coastline Carpentry & Building (Vic) 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 application was brought before the Fair Work Commission (FWC) by the union. The dispute centred on whether the terms of the proposed enterprise agreement were appropriate and should be approved in line with the Fair Work Act 2009.

The primary legal issue the FWC had to address was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly in relation to ensuring fairness and avoiding undue hardship on the business. The FWC also needed to consider whether the agreement appropriately balanced the interests of both employers and employees and whether it complied with the broader objectives of the Fair Work Act, including promoting high wages and conditions.

The FWC concluded that the proposed enterprise agreement was fair and appropriate for approval. In reaching this decision, the FWC noted that the agreement contained provisions that were in line with the prevailing market rates and provided for a fair distribution of benefits between employers and employees. The FWC found that the agreement did not impose undue hardship on the business and effectively balanced the interests of both parties. Furthermore, the FWC was satisfied that the agreement complied with the objectives of the Fair Work Act, including promoting high wages and conditions.

The FWC approved the enterprise agreement, confirming its compliance with the Fair Work Act. This decision ensures that the terms of the agreement will apply to the employees and employers involved, providing a framework for their industrial relations.

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