DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6037)

PANELINE 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, 16 JULY 2021

Application for approval of the PANELINE 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 PANELINE 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 23 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 matter of an application for approval of the PANELINE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, the Fair Work Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The application was brought by the respondents, who sought to have the agreement approved as a certified agreement. The applicants, PANELINE PTY LTD, opposed the application, arguing that the agreement did not meet the requirements for approval.

The central legal issue before the Commission was whether the agreement complied with the statutory criteria for registration. This involved assessing whether the agreement was made in good faith, provided for the proper administration of the workplace, and included provisions that protected the rights of employees. The Commission was also required to consider whether the agreement provided for appropriate dispute resolution mechanisms, and whether the parties had genuinely agreed to the terms of the agreement. Additionally, the Commission had to determine if the agreement was free from any illegality or contravention of any law.

In assessing these issues, the Commission considered the evidence and submissions from both parties. It found that the agreement was made in good faith, provided for the proper administration of the workplace, and included provisions that protected the rights of employees. The Commission also determined that the agreement provided for appropriate dispute resolution mechanisms and that the parties had genuinely agreed to the terms. The Commission concluded that the agreement was free from any illegality or contravention of any law. Therefore, the Commission approved the agreement and it was registered as a certified agreement.

The Fair Work Commission approved the PANELINE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 as a certified agreement. The agreement was registered on [date], and will be in effect until [date]. The applicants' opposition to the registration of the agreement was dismissed.

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