| [2023] FWCA 1366 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1281)
GARRISON LOCKSMITHS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 17 MAY 2023 |
Application for approval of the GARRISON LOCKSMITHS 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 GARRISON LOCKSMITHS 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 24 May 2023. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 1366
- Case
- [2023] FWCA 1366
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the agreement complied with section 230 of the Fair Work Act, which mandates that an enterprise agreement must be certified as "free, fair and lawful" by the Fair Work Commission. This involved examining the agreement's provisions to ensure it did not contain any terms that were against the public interest or contrary to the provisions of the Act. The application also required consideration of the processes followed in the negotiation and drafting of the agreement to ensure fairness and compliance.
The Fair Work Commission found that the agreement was fair and lawful, and thus met the criteria for approval. The Commission examined the negotiation process, which involved a good faith agreement between the parties, and found that the agreement contained terms that were reasonable and necessary for the industry. The Commission also confirmed that the agreement did not include any provisions that were against the public interest or contrary to the Fair Work Act. As a result, the application was approved, and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 was formally recognised.
The final orders of the Commission were that the enterprise agreement be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. This approval allowed the agreement to be used as a basis for determining the terms and conditions of employment for the relevant employees within the scope of the agreement.
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
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