DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4151)

THE TRUSTEE FOR CSF FACADE UNIT TRUST TAS CSF FACADE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2021

Application for approval of THE TRUSTEE FOR CSF FACADE UNIT TRUST Tas CSF FACADE 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 TRUSTEE FOR CSF FACADE UNIT TRUST Tas CSF FACADE 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a sub-industry enterprise agreement between the trustee for CSF Facade Unit Trust, trading as CSF Facade, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically for the Victorian Construction and General Division Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission. The central legal issues revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it complied with the provisions of the Act. Additionally, the court had to determine if the agreement provided for fair and reasonable terms and conditions for employees and employers.

The Fair Work Commission assessed the application based on the criteria set out in the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and complied with the statutory requirements. It found that the agreement included provisions for fair and reasonable terms and conditions for both employees and employers. The Commission also considered the submissions and evidence provided by both parties, including the processes followed in the negotiation and drafting of the agreement. The Commission concluded that the agreement met the necessary standards for approval and was in the interests of the employees and employers covered by the agreement.

The Fair Work Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. The Commission's decision was based on its finding that the agreement was made in good faith and met the requirements under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the approved enterprise agreement.

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