Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/238)

TFC COMMERCIAL 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 FEBRUARY 2023

Application for approval of the TFC COMMERCIAL 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 TFC COMMERCIAL 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 February 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 this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the TFC COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The primary focus was on the terms and conditions outlined in the agreement, particularly regarding the bargaining process and its adherence to relevant industrial laws.

The legal issues at hand centred on whether the agreement was made under the Fair Work Act 2009 and whether it complied with the requirements for approval. Specifically, the court examined whether the agreement was made without undue influence, coercion, or in an unfair manner, and whether it met the standards for public benefit. Additionally, the court had to consider whether the agreement was made in good faith and whether it was suitable for the employees it covered.

The court determined that the agreement was made in good faith and without undue influence or coercion. It found that the bargaining process was fair and that the agreement met the necessary standards for public benefit. The court was satisfied that the agreement was suitable for the employees it covered and did not disadvantage them. Consequently, the court approved the agreement, finding that it complied with all legal requirements.

The court's approval of the agreement was subject to specific conditions, including the requirement for the agreement to be registered with the Fair Work Commission. The final orders confirmed the approval of the agreement, subject to the specified conditions. The court's decision was based on a thorough examination of the bargaining process and the terms of the agreement, ensuring that all legal requirements were met.

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