Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4391)

Joinfit Innovations Pty Ltd As Trustee For Fambam Developments Trust T/As Joinfit Innovations and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 November 2022

Application for approval of the JOINFIT INNOVATIONS PTY LTD AS TRUSTEE FOR FAMBAM DEVELOPMENTS TRUST T/AS JOINFIT INNOVATIONS and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the JOINFIT INNOVATIONS PTY LTD AS TRUSTEE FOR FAMBAM DEVELOPMENTS TRUST T/AS JOINFIT INNOVATIONS and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters 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 9 November 2022. 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 Fair Work Commission was called upon to approve an enterprise agreement between Joinfit Innovations Pty Ltd, acting as trustee for the Fambam Developments Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) concerning on-site shopfitters for the period 2020-2023. The union sought approval for the agreement, which had been negotiated and agreed upon by the parties involved. The Commission's role was to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it provided for the proper determination of terms and conditions. The Commission also needed to consider whether the agreement met the requirement of being in writing and whether it complied with the provisions of the Fair Work Act. Furthermore, the Commission was tasked with ensuring that the agreement did not include any terms that were contrary to public policy or that would have an adverse effect on the health and safety of employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been made in good faith and was in writing. It was determined that the agreement properly determined the terms and conditions of employment for the employees covered by the agreement. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act and did not include any terms that were contrary to public policy or would adversely affect the health and safety of employees. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Onsite Shopfitters Enterprise Agreement 2020-2023 between Joinfit Innovations Pty Ltd and the CFMEU (Victorian Construction and General Division) be approved as a certified agreement. The approval took effect from the date of the decision and would remain in force until the end of the specified period or until terminated in accordance with the agreement or the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established