Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1645)

GOODWILL INSTALL 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, 8 JUNE 2022

Application for approval of the GOODWILL INSTALL 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 GOODWILL INSTALL 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 15 June 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 Construction, Forestry, Maritime, Mining and Energy Union, as the employer's representative, and Goodwill Install Pty Ltd, as the employer, applied for the approval of a new enterprise agreement. The Australian Building and Construction Commission was tasked with assessing the agreement under the Fair Work Act 2009. The agreement was subject to scrutiny due to concerns about its provisions and the process by which it was negotiated. The CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 was the specific agreement in question.

The legal issues before the court centred on whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was in the public interest, if it had been genuinely negotiated, and if it adhered to the provisions of the Act. The court also had to consider whether the agreement was free from any prohibited content, such as provisions that would lead to a decrease in the minimum rates of pay or standard conditions of employment.

The court found that the agreement was in the public interest and had been genuinely negotiated. The agreement contained provisions that improved working conditions, provided for better dispute resolution mechanisms, and ensured compliance with health and safety standards. The court was satisfied that the agreement did not contain any provisions that would lead to a decrease in minimum rates of pay or standard conditions of employment. The court also found that the agreement did not contain any prohibited content, such as provisions that would undermine the principles of the Fair Work Act.

As a result, the court approved the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The decision was made in accordance with the Fair Work Act, which aims to promote harmonious, productive and cooperative workplace relations. The court's approval of the agreement demonstrates its commitment to ensuring that enterprise agreements are fair, reasonable and in the public interest.

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