Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1398)

STANDSTRUCT AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MAY 2022

Application for approval of the STANDSTRUCT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the STANDSTRUCT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and STANDSTRUCT AUSTRALIA PTY LTD applied to the Fair Work Commission for approval of their enterprise agreement. The agreement, titled the Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023, was submitted to the Commission under section 230 of the Fair Work Act 2009. The primary dispute was whether the agreement met the criteria for approval as prescribed by the Act, including its compliance with the 'better off overall test' and other relevant provisions.

The legal issues that the Fair Work Commission had to resolve included whether the agreement provided employees with conditions that were at least as good as the applicable minimum standards, and whether the agreement had been made in good faith. Furthermore, the Commission considered whether the agreement contained provisions that were necessary to prevent, reduce or eliminate bullying, sexual harassment, or discrimination in the workplace. The application for approval was contested by the Australian Building and Construction Commission, which argued that the agreement did not meet the necessary standards.

The Fair Work Commission determined that the agreement met the 'better off overall test' and was made in good faith. The Commission found that the proposed conditions were no worse than the applicable minimum standards and that the agreement contained necessary provisions to prevent workplace bullying, sexual harassment, and discrimination. The Commission also considered the views of the parties and the broader implications of the agreement on the industry. Following this analysis, the Commission approved the Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023.

The Fair Work Commission approved the Subcontractors Carpentry and Joinery Greenfields Enterprise Agreement 2020-2023. The Commission's decision was based on its determination that the agreement met the criteria for approval as set out in the Fair Work Act 2009. The Commission's decision was also influenced by the parties' views and the broader implications of the agreement on the industry. The approval of this agreement provides certainty and stability for the employees and employers involved in the carpentry and joinery sectors in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established