Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2965)

THE SHERWOOD INTERIORS UNIT TRUST T/AS SHERWOOD INTERIORS 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, 25 SEPTEMBER 2023

Application for approval of THE SHERWOOD INTERIORS UNIT TRUST T/As SHERWOOD INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as THE SHERWOOD INTERIORS UNIT TRUST T/AS SHERWOOD INTERIORS 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.

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.

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.

The Construction, Forestry, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2023. The nominal expiry date of the Agreement is 31 December 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) and The Sherwood Interiors Unit Trust trading as Sherwood Interiors Pty Ltd applied for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement covered employees who were engaged by Sherwood Interiors as subcontractors in the carpentry and joinery industry. The CFMEU sought to have the agreement approved as a modern award, which would provide a safety net of minimum entitlements for employees who were not directly employed by Sherwood Interiors but were engaged as subcontractors. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided a safety net of minimum entitlements, whether the agreement facilitated a productive workplace relationship between the parties, and whether the agreement was free from inappropriate interference or influence. The Commission also needed to consider whether the agreement met the other statutory requirements for approval, such as being in writing and not containing any provisions that were contrary to public policy. The CFMEU argued that the agreement provided a safety net of minimum entitlements and facilitated a productive workplace relationship, while Sherwood Interiors argued that the agreement was not in the best interests of its employees and would impose unnecessary costs and administrative burdens.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the criteria for approval. The Commission determined that the agreement provided a safety net of minimum entitlements, facilitated a productive workplace relationship, and was free from inappropriate interference or influence. The Commission also found that the agreement met all the other statutory requirements for approval. The Commission approved the agreement as a modern award, which will provide a safety net of minimum entitlements for employees who are engaged by Sherwood Interiors as subcontractors in the carpentry and joinery industry.

The Commission ordered that the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 be approved as a modern award, effective from the date of the decision. The agreement will apply to employees who are engaged by Sherwood Interiors as subcontractors in the carpentry and joinery industry, and will provide them with a safety net of minimum entitlements. The Commission also ordered that the agreement be registered with the Fair Work Commission and published on its website. The decision provides clarity for employers and employees in the carpentry and joinery industry, and ensures that subcontractors are not disadvantaged by the terms of their engagement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established