DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5379)

DELTA INTERIORS 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, 9 JUNE 2021

Application for approval of the DELTA INTERIORS 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 DELTA INTERIORS 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 16 June 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 Delta Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application for approval was made on behalf of Delta Interiors Pty Ltd, a carpentry and joinery subcontractor, and the union, which represents the employees of Delta Interiors Pty Ltd. The union argued that the agreement should be approved as it contained terms and conditions that were fair and reasonable in all respects. The legal issues before the court involved determining whether the agreement was in the public interest, whether it contained terms and conditions that were fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission considered the evidence presented by the union and Delta Interiors Pty Ltd and found that the agreement was in the public interest and contained terms and conditions that were fair and reasonable in all respects. The commission found that the agreement provided for a fair and reasonable balance between the interests of the employer and employees and that it complied with the relevant provisions of the Fair Work Act 2009. The commission also found that the agreement provided for a fair and reasonable mechanism for resolving disputes between the employer and employees. The union and Delta Interiors Pty Ltd were satisfied with the outcome and the agreement was approved.

The Fair Work Commission approved the Delta Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement is now a registered enterprise agreement and will apply to the employees of Delta Interiors Pty Ltd for the period of 2020-2023. The union and Delta Interiors Pty Ltd are bound by the terms and conditions of the agreement, and any disputes between the parties must be resolved in accordance with the dispute resolution provisions contained in the agreement. The approval of the agreement is a positive outcome for both the union and the employer, and it provides certainty and stability for the employees of Delta Interiors Pty Ltd.

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