Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1893)

SPECIFIC INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 JUNE 2023

Application for approval of the SPECIFIC INSTALLATIONS PTY LTD 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 SPECIFIC INSTALLATIONS 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.

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 3 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 case involves an application for the approval of a subcontractor's enterprise agreement between Specific Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC), which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with procedural requirements.

The key legal issues before the FWC were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval under the Act. The FWC considered whether the proposed agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with procedural requirements. The FWC also considered submissions from both parties and any relevant evidence provided.

The FWC found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with procedural requirements for approval. The FWC considered the submissions from both parties and any relevant evidence provided. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with procedural requirements for approval. The FWC noted that the agreement provided for a range of terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms, and that these were broadly consistent with industry benchmarks. The FWC also found that the agreement complied with procedural requirements, including the requirement for genuine bargaining and the provision of a copy of the agreement to all employees.

The FWC approved the subcontractor's enterprise agreement, subject to certain conditions. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with procedural requirements for approval. The FWC also noted that the agreement provided for a range of terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms, and that these were broadly consistent with industry benchmarks. The FWC imposed certain conditions on the approval, including a requirement for the parties to provide regular reports to the FWC on the operation of the agreement, and a requirement for the employer to provide notice of any proposed changes to the agreement.

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