Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/888)

G2K CARPENTRY 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 JOHNS	MELBOURNE, 12 APRIL 2023

Application for approval of the G2K CARPENTRY 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 G2K CARPENTRY 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 19 April 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve an enterprise agreement between G2K Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The dispute arose under the Fair Work Act 2009, with the CFMEU seeking to have the agreement recognised as a lawful and fair workplace arrangement. The legal issues the court had to resolve included whether the agreement met the criteria for approval as set out in the Fair Work Act, particularly in terms of whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion.

The Fair Work Commission began its analysis by examining the process through which the agreement was formed, ensuring that it was made without any improper influence or coercion. The Commission found that the agreement had been negotiated in good faith and that there were no grounds for disqualification based on procedural irregularities. Further, the Commission assessed the substantive fairness of the agreement, looking at various aspects such as wages, working hours, and other employment conditions. The Commission concluded that the agreement provided fair and reasonable terms for employees, taking into account the specific industry context and the bargaining positions of the parties.

Having reviewed the evidence and submissions, the Fair Work Commission approved the G2K Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The Commission determined that the agreement met all the necessary criteria under the Fair Work Act and was thus a lawful and fair workplace arrangement. The approval was made effective from the date of the decision, ensuring that the agreement would govern the employment conditions 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