Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4032)

MATADOORS 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, 6 OCTOBER 2022

Application for approval of the MATADOORS 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 MATADOORS 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 13 October 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 case involves an application for approval of an enterprise agreement between MATADOORS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The Fair Work Commission was the court involved in this matter, where it had to determine whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues the Commission needed to resolve were whether the agreement complied with the requirements of the Act, including the provision of genuine bargaining and the absence of any unfair or unreasonable content.

The Commission examined the process of bargaining, the content of the agreement, and the fairness of its provisions. It found that the agreement had been genuinely bargained between the parties, with sufficient evidence of negotiations and the parties' intent to reach a fair and reasonable agreement. The Commission also considered the content of the agreement, including its provisions on wages, conditions of employment, and other matters. The Commission found that the agreement did not contain any unfair or unreasonable content, and that it was consistent with the principles of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it did not contain any provisions that would be detrimental to the employees or the employer.

Based on its findings, the Fair Work Commission approved the proposed enterprise agreement. The Commission found that the agreement met all the necessary criteria for approval under the Fair Work Act, and that it was in the best interests of the employees and the employer. The Commission's decision was based on a thorough analysis of the bargaining process and the content of the agreement, and it reflected the Commission's commitment to promoting fair and reasonable outcomes for all parties involved in industrial relations disputes. The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act, effective from the date of the Commission's decision.

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