DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5368)

CROWN 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JUNE 2021

Application for approval of the CROWN 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 CROWN 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a new enterprise agreement between the Crown Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the Victorian Construction and General Division's Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission. The primary legal issues the court had to address were whether the proposed agreement complied with the relevant statutory requirements and if it met the standards of procedural fairness and good faith.

The Fair Work Commission examined the provisions of the proposed agreement, focusing on whether they complied with the Fair Work Act 2009. The Commission considered whether the agreement met the criteria for procedural fairness, such as providing adequate notice, opportunity to be heard, and the absence of bias. Additionally, the court evaluated if the agreement demonstrated good faith bargaining between the parties. The Commission also assessed whether the agreement contained any terms that were contrary to public policy or that might undermine the rights of employees.

In its decision, the Fair Work Commission found that the proposed agreement complied with the statutory requirements and procedural fairness. The Commission was satisfied that the agreement had been negotiated in good faith and did not contain any terms that were contrary to public policy or detrimental to the employees' rights. The Commission noted that both parties had demonstrated a commitment to fair and meaningful negotiations. Therefore, the Fair Work Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Crown Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 be approved and registered. The agreement was to take effect from the date of the Commission's decision and remain in force until the end of the specified term.

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