DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6047)

A LINE INSTALLATIONS 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, 16 JULY 2021

Application for approval of the A LINE INSTALLATIONS 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 A LINE INSTALLATIONS 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

The Federal Court heard an application for the approval of the A Line Installations 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 dispute arose from the application by the employer and union to have the agreement approved under the Fair Work Act 2009. The key legal issues before the Court involved whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including whether it contained the minimum terms and conditions mandated by the Act.

The Court assessed the agreement against the statutory criteria, determining that it met the minimum standards required by the Fair Work Act. The Court considered the procedural fairness of the bargaining process and found it to be legitimate. Additionally, the substantive terms of the agreement were scrutinised to ensure they adhered to the mandatory minimum terms and conditions. The Court concluded that the agreement was fair and reasonable in its entirety, and therefore, it was within the Court's discretion to approve the agreement.

The Federal Court approved the agreement, finding it to be compliant with the Fair Work Act. The Court acknowledged the procedural integrity of the bargaining process and the substantive fairness of the agreement's terms. The Court's decision was based on the evidence provided, which demonstrated that the agreement met all the legal requirements for approval.

The Court issued an order approving the A Line Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This approval ensures that the agreement will be registered and enforceable under the Fair Work Act.

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