DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5387)

TRUSTEE FOR JMC OPERATIONS TRUST T/A JMC FACADES 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 TRUSTEE FOR JMC OPERATIONS TRUST T/A JMC FACADES 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 TRUSTEE FOR JMC OPERATIONS TRUST T/A JMC FACADES 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

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CaseChat Overview and Summary

The parties involved in the case were the Trustee for JMC Operations Trust trading as JMC Facades Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute concerned the application for approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were primarily centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement met the criteria for being a "better off overall" agreement, which requires that the agreement must not disadvantage employees compared to their previous terms of employment. The Commission also needed to consider whether the agreement was in accordance with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must act in the best interests of their members.

The Fair Work Commission evaluated the agreement against the statutory requirements and found that the proposed Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 met all the necessary criteria. The Commission concluded that the agreement was a "better off overall" agreement and was in the best interests of the employees. The Commission also considered the submissions from both parties and was satisfied that the agreement had been fairly negotiated. Consequently, the Commission approved the application for the agreement.

The final orders of the Commission were to approve the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 between the Trustee for JMC Operations Trust trading as JMC Facades Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was to be registered and would be in effect from the date of approval.

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