DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4986)

2 DIMENSION CARPENTRY 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, 14 MAY 2021

Application for approval of the 2 DIMENSION CARPENTRY 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 2 DIMENSION CARPENTRY 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 21 May 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 (CFMEU) applied for the approval of a proposed enterprise agreement with 2 Dimension Carpentry Pty Ltd. The agreement, titled the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, was intended to regulate the employment terms and conditions of employees of the respondent company. The dispute centred on the procedural validity of the agreement and whether it complied with relevant legislative standards.

The primary legal issues for the court were to determine if the agreement was made in accordance with the procedural requirements set out in the Fair Work Act 2009 and if it met the criteria for being a protected action ballot. The court examined whether the union had correctly identified the appropriate bargaining unit, if the requisite majority of employees had been involved in the decision-making process, and whether the agreement contained all the necessary provisions as per the Act. Additionally, the court evaluated if the agreement unfairly discriminated against or disadvantaged any employee or class of employees.

The Fair Work Commission concluded that the application met the procedural requirements for approval. The court found that the CFMEU had correctly identified the appropriate bargaining unit and that a majority of employees had participated in the decision-making process. The agreement was deemed to include all necessary provisions and did not unfairly disadvantage any employees. Consequently, the court approved the enterprise agreement.

The final orders of the Commission included the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 between the CFMEU and 2 Dimension Carpentry Pty Ltd, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period.

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