DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3667)

ONEWAY ENTERPRISE GROUP 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, 10 DECEMBER 2020

Application for approval of the ONEWAY ENTERPRISE GROUP 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 ONEWAY ENTERPRISE GROUP 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was presented with an application for the approval of the ONEWAY ENTERPRISE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This case arose under the Fair Work Act 2009, where the union and the employer sought to formalise their agreement through the commission's approval process. The crux of the matter involved ensuring that the proposed agreement adhered to the statutory requirements of the Act, including the provisions for fair and equitable terms and conditions of employment.

The primary legal issues that the Commission had to resolve were whether the agreement contained all the mandated terms as required by the Fair Work Act, and whether it met the standards of being "better off overall" for the employees involved. Additionally, the Commission needed to assess whether the agreement was consistent with the "no disadvantage test," ensuring that workers would not be placed at a disadvantage compared to those covered by the relevant award.

The Commission carefully examined the proposed agreement, taking into account the provisions outlined in the Fair Work Act. It was determined that the agreement included all the necessary mandated terms and was fair and equitable. Furthermore, the Commission found that the agreement would not place employees at a disadvantage compared to those under the relevant award. Consequently, the Commission approved the agreement, finding it to be compliant with all statutory requirements and beneficial for the employees.

The final order of the Commission was the approval of the ONEWAY ENTERPRISE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. This decision not only formalised the terms of employment for the specified period but also ensured that the agreement met the legislative standards for fairness and protection of employee rights.

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