DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6052)

INSTALLED 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 LEE	MELBOURNE, 19 JULY 2021

Application for approval of INSTALLED 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 INSTALLED 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 26 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Installed Pty Ltd applied for approval of the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was to apply to employees of Installed Pty Ltd who are members of the CFMEU and engaged as subcontractors. The dispute arose from disagreements between the parties regarding the terms of the proposed agreement.

The legal issues before the Commission were primarily whether the agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, and whether it met the requirements for proper registration and negotiation. Additionally, the Commission needed to determine whether the agreement was genuinely negotiated and whether it complied with the relevant legislative framework.

The Commission found that the agreement was fairly negotiated and met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, including adequate rates of pay. The Commission also noted that the agreement contained provisions that went beyond the minimum standards set out in the applicable award, including provisions for superannuation, leave, and other employment benefits. The Commission was satisfied that the agreement was consistent with the principles of the Fair Work Act and was therefore approved.

The Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from 1 July 2020, and registered it with the Fair Work Commission. The agreement will apply to employees of Installed Pty Ltd who are members of the CFMEU and engaged as subcontractors. The parties are bound by the terms of the agreement, which provides for a range of employment conditions and benefits.

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