DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/288)

THE TRUSTEE FOR FCG CONSTRUCTIONS TRUST 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, 22 FEBRUARY 2021

Application for approval of THE TRUSTEE FOR FCG CONSTRUCTIONS TRUST 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 FCG CONSTRUCTIONS TRUST 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] 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 the 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The parties involved in this matter were the Trustee for FCG Constructions Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the application for approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement complied with the relevant legislative provisions and if it was in the interests of the employees. The court had to consider various factors, including the agreement's terms and conditions, its impact on the employees, and whether the agreement was fairly and properly negotiated.

The Fair Work Commission found that the agreement was generally in the interests of the employees. The court considered the terms and conditions of the agreement, the negotiation process, and the overall impact on the employees. The court noted that the agreement provided for reasonable working hours, adequate pay, and appropriate protections for employees. The court also found that the negotiation process was fair and transparent, with both parties having an opportunity to participate and contribute to the agreement.

The Fair Work Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The court considered the evidence and arguments presented by both parties and found that the agreement was fair and in the best interests of the employees. The court's decision was based on a thorough analysis of the agreement's terms and conditions, the negotiation process, and the impact on the employees.

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