DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2287)

NORTH SOUTH CARPENTRY & JOINERY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2020

Application for approval of the North South Carpentry & Joinery Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the North South Carpentry & Joinery Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 26 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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) applied for the approval of the North South Carpentry & Joinery Pty Ltd / CFMEU Collective Agreement 2019-2022. The dispute arose out of negotiations between the parties over the terms and conditions of employment for carpenters and joiners employed by North South. The CFMEU sought to have the agreement registered as a modern award, which would make it legally binding on the employer and its employees.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009 (Cth). This section sets out the criteria that a registered agreement must satisfy in order to be approved and registered as a modern award. In particular, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it promoted harmonious, productive and cooperative workplace relations.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the requirements of section 233. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, which were fair and reasonable in all respects. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations by establishing clear procedures for the resolution of disputes and grievances, and by providing for ongoing consultation between the parties. Accordingly, the Commission approved and registered the agreement as a modern award.

The final orders of the Commission were that the North South Carpentry & Joinery Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved and registered as a modern award, effective from the date of the decision. The agreement will now apply to all employees of North South who are covered by the agreement, and will remain in force until it is varied or replaced by a new 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