Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3645)

2 GOBS PTY. LTD. AS TRUSTEE FOR 2GOBS UNIT TRUST T/As 2GOBS 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, 12 SEPTEMBER 2022

Application for approval of the 2 GOBS PTY. LTD. AS TRUSTEE FOR 2GOBS UNIT TRUST T/As 2GOBS 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 2 GOBS PTY. LTD. AS TRUSTEE FOR 2GOBS UNIT TRUST T/As 2GOBS 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 19 September 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 applicant sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between the Construction, Forestry, Maritime, Mining and Energy Union and 2 GOBS PTY. LTD. AS TRUSTEE FOR 2GOBS UNIT TRUST trading as 2GOBS PTY LTD. The dispute arose over the terms and conditions of employment under the proposed agreement. The Commission was required to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the provisions of the Act, specifically whether it included the necessary "pay and conditions" provisions, and whether it had been made in good faith and without coercion. The court also considered if the agreement contained any provisions that were contrary to public policy. The Commission assessed the agreement against these criteria to ensure it complied with the legislative framework designed to protect employees' rights.

The Fair Work Commission found that the agreement met all statutory requirements and was appropriately drafted to protect the interests of the employees. The Commission approved the agreement, noting that it contained appropriate "pay and conditions" provisions, and was made in good faith without coercion. The Commission also found that none of the provisions were contrary to public policy.

The Fair Work Commission approved the proposed enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Commission and would apply to the employees covered by the agreement. The decision was made in accordance with the statutory requirements of 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