Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1249)

WOODWORX JOINERY HOLDINGS 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 JOHNS	SYDNEY, 9 MAY 2022

Application for approval of the WOODWORX JOINERY HOLDINGS 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 WOODWORX JOINERY HOLDINGS 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 16 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 case involved an application for the approval of the Woodworx Joinery Holdings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This application was brought before the Fair Work Commission, which has jurisdiction over matters related to workplace agreements and industrial relations. The dispute centred around whether the proposed enterprise agreement met the necessary criteria under the Fair Work Act 2009 for it to be formally approved.

The court was tasked with determining whether the agreement was made in the spirit of the Act, which requires agreements to be genuinely negotiated and not merely imposed. Additionally, the court had to assess whether the agreement contained the mandatory terms specified by the Act and if it complied with the provisions regarding minimum wages and conditions. The court also needed to consider if the agreement met the "better off overall test" (BOOT), ensuring that employees would not be worse off financially compared to their previous conditions.

In making its decision, the court examined the negotiation process and the terms of the agreement, ensuring that they aligned with the statutory requirements. The court found that the agreement was genuinely negotiated and met all the mandatory terms and conditions stipulated by the Fair Work Act. Furthermore, the court confirmed that the agreement satisfied the BOOT, as employees would not be disadvantaged financially. As a result, the court approved the proposed enterprise agreement, finding it to be fair and reasonable under the Act.

The final order of the court was to approve the Woodworx Joinery Holdings Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This decision ensures that the agreement will now be legally binding on the parties involved, providing a framework for employment conditions within the specified period.

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