DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5745)

CANNARD HICKS CARPENTRY 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, 2 JULY 2021

Application for approval of the CANNARD HICKS CARPENTRY 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 CANNARD HICKS CARPENTRY 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 9 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the CANNARD HICKS CARPENTRY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The dispute involved the terms and conditions of employment for carpenters and joiners engaged by Cannard Hicks Carpentry as subcontractors. The Commission was tasked with determining whether the agreement was suitable for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the prescribed minimum terms, whether it was fair, and whether it complied with the relevant legislative requirements. The Union argued that the agreement was fair and comprehensive, while Cannard Hicks Carpentry raised concerns about specific provisions impacting their business operations.

The Commission considered the nature of the agreement and the bargaining process. It found that the agreement contained all the prescribed minimum terms and was fair, as it balanced the interests of both parties. The Commission also noted the efforts made by both parties to negotiate in good faith. Consequently, the Commission approved the agreement, highlighting the importance of maintaining fair and reasonable employment conditions in the industry.

The Fair Work Commission approved the CANNARD HICKS CARPENTRY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. This decision underscores the Commission’s role in ensuring that enterprise agreements meet the necessary legal standards while also fostering a fair relationship between employers and employees.

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