Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1307)

TRIHOUD PTY LTD T/As ADAM BROS.JOINERY 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 MAY 2022

Application for approval of the TRIHOUD PTY LTD T/As ADAM BROS.JOINERY 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 TRIHOUD PTY LTD T/As ADAM BROS.JOINERY 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 May 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 before the Fair Work Commission concerned an application for approval of a subcontractor's enterprise agreement between TRIHOUD PTY LTD, trading as ADAM BROS. JOINERY, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2023. The application was brought pursuant to the Fair Work Act 2009, seeking formal recognition of the terms and conditions of employment outlined in the agreement. The central dispute revolved around whether the agreement complied with the legislative requirements for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement was made in good faith, whether it was sufficiently detailed to meet the statutory standards, and whether the process of negotiation and agreement formation was fair and representative. The Commission also had to determine whether the agreement included all mandatory terms as required by the Act and whether it was consistent with the public interest in fair and efficient workplace practices.

In its decision, the Fair Work Commission examined the negotiation process and found it to be conducted in good faith with proper representation of both parties. The Commission assessed the content of the agreement, ensuring it contained all necessary terms and was not contrary to the public interest. The Commission noted that the agreement was comprehensive and adhered to the mandatory provisions of the Fair Work Act, including provisions for minimum wages, penalty rates, and other employment conditions. Consequently, the Commission approved the agreement, finding it met all the statutory requirements for endorsement.

The final orders of the Commission were to approve the TRIHOUD PTY LTD T/As ADAM BROS. JOINERY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was to be registered and enforceable under the Fair Work Act, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established