DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6093)

IJL CONSTRUCTIONS 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, 19 JULY 2021

Application for approval of the IJL CONSTRUCTIONS 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 IJL CONSTRUCTIONS 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

The matter before the court involved an application for the approval of a subcontractor agreement between IJL Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms of the proposed enterprise agreement, specifically regarding the pay rates, conditions, and dispute resolution mechanisms. The case was heard in the Fair Work Commission, the tribunal tasked with overseeing and regulating workplace relations in Australia.

The central legal issues before the court were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the necessary standards for approval. This included assessing whether the agreement provided for fair and reasonable terms, did not discriminate unfairly, and did not undermine the ability of employees to engage in protected industrial action. Furthermore, the court needed to determine if the agreement met the threshold for being considered "better off overall" for the employees involved.

The Fair Work Commission found that the proposed agreement did indeed comply with the statutory requirements. It was determined that the agreement provided fair and reasonable terms for the employees, did not unfairly discriminate, and maintained the employees' right to engage in protected industrial action. The tribunal also found that the agreement met the "better off overall" test, as it provided for improved pay rates, conditions, and dispute resolution mechanisms compared to the previous agreement. Consequently, the court approved the subcontractor agreement, and it will now be in effect for the period 2020-2023.

The court ordered that the IJL Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. The agreement will now govern the employment terms and conditions for the employees covered by the agreement, providing them with the benefits outlined in the approved document.

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