Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/191)

VISION JOINERY VICTORIA (VJV) 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, 14 FEBRUARY 2023

Application for approval of the VISION JOINERY VICTORIA (VJV) 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 VISION JOINERY VICTORIA (VJV) 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 21 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

The matter before the court involved an application for the approval of the VISION JOINERY VICTORIA (VJV) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The parties to the agreement were VISION JOINERY VICTORIA (VJV) PTY LTD, represented by its director, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), acting on behalf of its members engaged in subcontract carpentry and joinery work. The dispute centred around the application for the endorsement of the enterprise agreement under the Fair Work Act 2009, which would grant it the status of a registered agreement, thereby making it legally binding.

The court was tasked with determining whether the agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it met the criteria for endorsement, such as provisions addressing minimum wages and other terms and conditions of employment. The court also needed to consider if the agreement was consistent with the provisions of the Fair Work Act and whether it appropriately covered the scope of the enterprise as defined.

Upon reviewing the application, the court found that the agreement was made in good faith and met all the criteria for endorsement. The agreement contained provisions that aligned with the Fair Work Act and addressed minimum wages and other employment terms. The court was satisfied that the agreement covered the intended scope of the enterprise and was consistent with the objectives of the Fair Work Act. Consequently, the court approved the agreement, granting it the status of a registered enterprise agreement.

The final order of the court was the approval of the VISION JOINERY VICTORIA (VJV) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, which became a legally binding document. This decision provided certainty and clarity for the parties involved, ensuring that the terms and conditions outlined in the agreement were enforceable under the Fair Work Act 2009.

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