DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4771)

CAREY BROS CONSTRUCTION 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, 4 MAY 2021

Application for approval of the CAREY BROS CONSTRUCTION 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 CAREY BROS CONSTRUCTION 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 11 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Carey Bros Construction 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 parties were Carey Bros Construction Pty Ltd, an employer, and the CFMEU, representing the employees in the carpentry and joinery sectors. The nature of the dispute was the approval of the proposed enterprise agreement, which aimed to set out the terms and conditions of employment for the period 2020 to 2023.

The legal issues the court had to address included whether the proposed agreement met the necessary standards under the Fair Work Act 2009, specifically whether it provided for minimum rates of pay, classification, and terms and conditions of employment that complied with the Fair Work (Registered Organisations) Act 2009. The court also had to consider whether the agreement had been fairly and genuinely negotiated and if it provided for proper mechanisms for the resolution of workplace disputes.

In reaching its decision, the court examined the agreement clause by clause, ensuring it aligned with statutory requirements and was fair and reasonable. The court found that the agreement met all necessary standards and was a genuine and fair reflection of the negotiations between the parties. The agreement provided for minimum rates of pay, classifications, and terms and conditions of employment, and included provisions for the resolution of workplace disputes, thereby meeting the requirements of the Fair Work Act 2009. The court approved the agreement, confirming its compliance with all relevant legislation.

The final orders of the court were the approval of the Carey Bros Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, which came into effect on the date of the decision. The approval meant that the agreement could be applied as the terms and conditions of employment for the specified period, providing certainty and stability for both employers and employees within the carpentry and joinery sectors.

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