DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5962)

OCTEROS CABINETS (VIC) 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, 13 JULY 2021

Application for approval of the OCTEROS CABINETS (VIC) 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 OCTEROS CABINETS (VIC) 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 20 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the OCTEROS CABINETS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The applicant, the CFMEU, sought to have the agreement approved under the Fair Work Act 2009, which requires the Fair Work Commission to assess whether such agreements meet specific criteria, including fairness and efficiency. The respondent, OCTEROS CABINETS (VIC) PTY LTD, contested the application, raising concerns about the agreement's provisions.

The central legal issues addressed by the Court were whether the agreement was fair and efficient and whether it complied with the requirements of the Fair Work Act. Specifically, the Court had to examine whether the agreement's terms and conditions were reasonable in all aspects, taking into account the balance of rights and obligations, and whether it was likely to lead to improved productivity and efficiency. Additionally, the Court considered the extent to which the agreement facilitated flexible working arrangements and the overall fairness of its provisions.

The Fair Work Commission found that the agreement met the criteria for approval. It concluded that the terms and conditions of the agreement were fair and balanced, considering the needs of both employers and employees. The Commission noted that the agreement included provisions for flexible working arrangements and adequate protections for employees. Furthermore, it determined that the agreement was likely to lead to improved productivity and efficiency, which was essential for the industry's competitiveness. Consequently, the Court approved the agreement, finding it to be fair and efficient.

The Fair Work Commission's decision resulted in the approval of the OCTEROS CABINETS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This decision ensures that the agreement will govern the employment conditions for the relevant employees, providing a framework that balances the interests of both parties and promotes fair and efficient working practices.

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