Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2481)

C V BUILDING SERVICES DISCRETIONARY TRUST (THE TRUSTEE FOR) T/AS C V BUILDING SERVICES 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, 29 JULY 2022

Application for approval of the C V BUILDING SERVICES DISCRETIONARY TRUST (THE TRUSTEE FOR) T/As C V BUILDING SERVICES 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 C V BUILDING SERVICES DISCRETIONARY TRUST (THE TRUSTEE FOR) T/As C V BUILDING SERVICES 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 5 August 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 matter involved an application for the approval of the C V Building Services Discretionary Trust, acting as the trustee for C V Building Services, and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The Fair Work Commission heard the application. The key issue before the Commission was whether the proposed enterprise agreement met the legal criteria for approval, including whether it provided for a fair and efficient workplace and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission examined the proposed agreement's provisions to determine if they were consistent with the principles of fairness and efficiency. It assessed whether the agreement adequately addressed the interests of both employers and employees and if it complied with statutory requirements. The Commission considered the submissions from both parties and evaluated the agreement's provisions against the legal standards set out in the Fair Work Act. After careful consideration, the Commission concluded that the agreement met the necessary criteria for approval.

The Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, finding that it provided for a fair and efficient workplace and complied with the relevant statutory requirements. The Commission determined that the agreement balanced the interests of both employers and employees and met the legal standards for approval. The decision was made in the interest of maintaining a fair and efficient workplace within the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established