Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2004)

ROCK FLAT VALLEY PTY. LTD. T/AS CNC WOODWORKS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2023

Application for approval of the ROCK FLAT VALLEY PTY. LTD. T/As CNC WOODWORKS 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 ROCK FLAT VALLEY PTY. LTD. T/As CNC WOODWORKS 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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 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

The Fair Work Commission considered an application for the approval of a proposed enterprise agreement between Rock Flat Valley Pty Ltd trading as CNC Woodworks and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was for a period of 2020 to 2023. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act, and if it provided fair and reasonable terms and conditions for the employees. Key considerations included the process through which the agreement was negotiated, the extent to which the employees were adequately represented, and whether the terms of the agreement were fair and reasonable. The Commission also had to ensure that the agreement did not adversely affect the employees' terms and conditions of employment or their ability to exercise their rights under the Fair Work Act.

In evaluating the application, the Commission took into account the evidence provided by both parties. The Commission found that the agreement was negotiated in good faith and that the employees were adequately represented during the negotiation process. The Commission further determined that the terms of the agreement were fair and reasonable, taking into account the economic climate, the industry standards, and the needs of both the employees and the employer. The Commission concluded that the agreement did not adversely affect the employees' terms and conditions of employment or their rights under the Fair Work Act.

The Fair Work Commission approved the proposed enterprise agreement. The agreement, titled "Rock Flat Valley Pty Ltd T/As CNC Woodworks and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023," was deemed to be in compliance with the Fair Work Act and in the best interests of the employees.

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