Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/578)

WOODWORX JOINERY HOLDINGS PTY LTD AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 MARCH 2023

Application for approval of the Woodworx Joinery Holdings Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021

An application has been made for approval of a greenfields enterprise agreement to be known as the Woodworx Joinery Holdings Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Woodworx Joinery Holdings Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021. The application was brought before the Fair Work Commission (FWC) as the entity was a party to a registered agreement that had not yet expired. The employer, Woodworx Joinery Holdings Pty Ltd, did not oppose the application. The CFMEU submitted that the agreement was made in good faith and that it was appropriate for approval and registration under the Fair Work Act 2009 (Cth).

The FWC was required to consider whether the agreement was a bargain genuinely made between the parties, was made in good faith, and was appropriate for registration. The CFMEU argued that the agreement was a genuine bargain and had been made in good faith. It submitted that it was appropriate for registration because it contained provisions that were fair and reasonable, and did not discriminate against any class of employee or employer. The employer did not oppose the application and the FWC found that there was no evidence to suggest that the agreement was not a genuine bargain or had not been made in good faith.

The FWC approved the agreement and registered it as a registered agreement. The FWC found that the agreement contained provisions that were fair and reasonable, and did not discriminate against any class of employee or employer. The FWC noted that the agreement provided for a two-year term, and contained provisions for wage increases, leave entitlements, and other employment conditions. The FWC was satisfied that the agreement was appropriate for registration and approved the application for registration. The FWC made orders approving and registering the agreement as a registered 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