DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5171)

MCABS (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, 28 MAY 2021

Application for approval of the MCABS (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 MCABS (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 4 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MCABS (VIC) Pty Ltd applied for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission (FWC). The FWC was required to determine whether the agreement was suitable for registration under section 231 of the Fair Work Act 2009. This required consideration of whether the agreement contained the mandatory terms set out in Schedule 2 of the Act and whether it met the requirements for being a simple, clear and concise agreement.

The FWC found that the agreement contained the necessary mandatory terms and was simple, clear and concise. The FWC noted that the agreement was structured in a manner that facilitated easy navigation and understanding by its members. The FWC was also satisfied that the agreement met the requirements for being a simple, clear and concise agreement. The FWC noted that the language used in the agreement was easy to understand and that the agreement did not contain any complex or technical terms that would make it difficult for members to understand.

As a result, the FWC approved the agreement for registration. The agreement was registered on 1 July 2020 and will remain in effect until 30 June 2023.

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