Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/104)

AUSINSTALL INVESTMENTS 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, 31 JANUARY 2023

Application for approval of the AUSINSTALL INVESTMENTS 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 AUSINSTALL INVESTMENTS 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 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 the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the AUSINSTALL INVESTMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically those related to wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the relevant legislative framework and if it met the necessary standards for approval.

The primary legal issues before the Commission involved assessing whether the proposed agreement was a "better off overall test" (BOOT) compliant enterprise agreement. This required the Commission to consider if the agreement provided employees with a total remuneration package that was no less favourable than the applicable awards and if it included provisions that were in line with the Fair Work Act 2009. Additionally, the Commission had to evaluate whether the agreement adequately covered essential matters such as wages, hours of work, and dispute resolution processes.

In delivering its decision, the Commission thoroughly examined the proposed terms of the agreement, taking into account the interests of both the employer and the employees. The Commission found that the agreement met the BOOT requirements and included provisions that ensured employees would be no worse off overall. Furthermore, the Commission determined that the agreement sufficiently addressed the essential matters and provided an appropriate framework for resolving any future disputes. Consequently, the Commission approved the proposed enterprise agreement, acknowledging its compliance with the Fair Work Act and its potential to provide a fair and balanced outcome for all parties involved.

The final orders of the Commission included the approval of the AUSINSTALL INVESTMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was deemed to be compliant with the Fair Work Act and was approved on the condition that it would provide employees with a remuneration package that met or exceeded the minimum standards set out in the relevant awards. The decision affirmed the importance of ensuring that enterprise agreements struck between employers and employees adhere to the legislative requirements and protect the interests of all parties involved.

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