Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/706)

ASPIRE FACADES GROUP VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MARCH 2023

Application for approval of the ASPIRE FACADES GROUP VIC 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 ASPIRE FACADES GROUP VIC 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 7 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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 (CFMU) and Aspira Facades Group Vic P/L applied for approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The CFMU is an industrial union representing construction workers, while Aspira Facades Group Vic P/L is a company in the construction industry. The agreement in question pertains to the terms and conditions of employment for subcontractors in the carpentry and joinery sectors. The dispute was centred on whether the agreement met the legal requirements for registration under the Fair Work Act 2009.

The central legal issue before the commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the commission had to determine if the agreement was a genuine enterprise agreement, as defined by section 172 of the Act, and if it included all the mandatory terms as required by section 231 of the Act. Additionally, the commission needed to assess if the agreement was in the best interests of the employees it covered.

The commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. It included all the mandatory terms stipulated in the Act and was in the best interests of the employees. The agreement provided for reasonable work arrangements, adequate remuneration, and covered essential employment conditions. The commission approved the agreement, highlighting its benefits in terms of clarity and fairness for both employers and employees. The approval of the agreement was seen as a positive step in formalising the working conditions for subcontractors in the carpentry and joinery sectors, ensuring that both parties were protected under a legally binding 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