[2021] FWCA 2518

The attached document replaces the document previously issued with the above code on 5 May 2021.

Replacing:

“APPLICATION FOR APPROVAL OF THE COMPLEX FACADE INSTALL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023”

With:

“COMPLEX FACADE INSTALL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023”

Esther Rafoo

Associate to Commissioner Lee

Dated 6 May 2021

[2021] FWCA 2518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4831)

COMPLEX FACADE INSTALL 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, 5 MAY 2021

Application for approval of the COMPLEX FACADE INSTALL 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 COMPLEX FACADE INSTALL 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 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 12 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

The matter before the court involved an application for the approval of the Complex Facade Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for it to be approved and registered by the Fair Work Commission. The applicants argued that the agreement was fair and reasonable, while opponents raised concerns regarding certain provisions that they believed were not in line with the requirements of the Act.

The legal issues the court was required to address included the fairness and reasonableness of the agreement, its compliance with the minimum terms and conditions set out in the Fair Work Act, and whether the agreement appropriately balanced the interests of both employers and employees. The court needed to consider whether the provisions of the agreement were consistent with the broader objectives of the Act, particularly in terms of promoting cooperative and productive workplace relations. Additionally, the court examined whether the agreement provided adequate protections for employees, including provisions for minimum wages, entitlements, and dispute resolution mechanisms.

The court found that the agreement contained provisions that were fair and reasonable, and that it met the statutory requirements for approval and registration under the Fair Work Act. The court concluded that the agreement appropriately balanced the interests of both employers and employees, providing adequate protections and promoting cooperative workplace relations. The court determined that the provisions of the agreement were consistent with the broader objectives of the Act and that it did not contravene any of the minimum terms and conditions set out in the legislation. Consequently, the court approved the agreement, enabling it to be registered and enforced.

In light of the above, the court granted the application for approval of the Complex Facade Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was approved and registered, and the parties were directed to comply with its terms and conditions. This decision ensures that the agreement will provide a fair and reasonable framework for the employment relationship between the parties, promoting productive and cooperative workplace relations.

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