DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6074)

WICKLOW GROUP 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 WICKLOW 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 WICKLOW 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 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Wicklow Group Pty Ltd, with a dispute regarding the approval of a proposed enterprise agreement. The matter was brought before the Fair Work Commission. The primary legal issue the Commission had to resolve was whether the proposed Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 met the necessary criteria for approval under the Fair Work Act 2009.

The Commission examined whether the agreement provided for a safety net of minimum wages and conditions, and whether it was likely to ensure fairness in the workplace. It also had to determine whether the agreement was made in good faith and whether the process of making the agreement was properly followed. After thorough consideration, the Commission found that the agreement did indeed meet the statutory requirements. The proposed agreement was deemed to offer adequate protections for employees and was made in good faith. Consequently, the Commission approved the agreement, confirming its compliance with the necessary legislative standards.

The Fair Work Commission's decision was grounded in a detailed analysis of the agreement's provisions and the process by which it was developed. The Commission's approval was based on the evidence that the agreement provided fair and reasonable terms and conditions for the employees involved, ensuring that it met all the legal requirements for enterprise agreements under the Fair Work Act. The final order was that the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 between the CFMEU and the Wicklow Group Pty Ltd be approved and registered.

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