Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1105)

METRO PRO INSTALL 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, 28 APRIL 2023

Application for approval of the METRO PRO INSTALL 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 METRO PRO INSTALL 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 5 May 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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) and Metro Pro Install Pty Ltd lodged an application for approval of their enterprise agreement, which covers the period from 2020 to 2023. The agreement seeks to regulate the terms and conditions of employment for subcontractors in the carpentry and joinery sectors. The Commission was tasked with evaluating the agreement's fairness and compliance with the Fair Work Act 2009.

The primary legal issues before the Commission involved determining whether the agreement met the "better off overall test" and whether it complied with the "independent test" as outlined in the Fair Work Act. Additionally, the Commission had to consider whether the agreement adhered to the statutory "protected action" provisions and if it provided appropriate mechanisms for dispute resolution. The Commission also examined the procedural fairness of the agreement-making process, ensuring that both parties had an opportunity to negotiate in good faith.

After a comprehensive review of the evidence and submissions from both parties, the Commission found that the agreement was fair and compliant with the relevant statutory requirements. The Commission determined that the agreement satisfied the "better off overall test" as it provided various benefits to the employees, including wage increases, improved working conditions, and enhanced job security. Furthermore, the Commission concluded that the agreement complied with the "independent test" and did not contravene the "protected action" provisions. The Commission also found that the agreement-making process was conducted in good faith and was procedurally fair.

Consequently, the Fair Work Commission approved the METRO PRO INSTALL PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement now serves as a binding and legally enforceable contract between the parties, regulating the terms and conditions of employment for the specified period.

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