Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/974)

NIU B DEVELOPMENT 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, 13 APRIL 2022

Application for approval of the NIU B DEVELOPMENT 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 NIU B DEVELOPMENT 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 20 April 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 NIU B Development Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The central dispute pertained to the terms and conditions of employment within the subcontractor carpentry and joinery sector in Victoria. The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it satisfied the process and content criteria as stipulated by the Fair Work Act.

The Fair Work Commission meticulously examined the application, ensuring that the proposed agreement adhered to the procedural prerequisites set out in the Fair Work Act. The Commission considered the fairness and reasonableness of the agreement's content, focusing on its compliance with the applicable industrial laws. Additionally, the Commission evaluated whether the agreement would result in improved industrial relations outcomes for the parties involved. After careful deliberation, the Commission found that the agreement met all the necessary legal requirements and was in the best interests of the employees and employers.

Consequently, the Fair Work Commission approved the NIU B Development Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The approval was granted based on the findings that the agreement was fair and reasonable and met the statutory criteria for approval. This decision provides clarity and stability to the industrial relations framework in the subcontractor carpentry and joinery sector in Victoria.

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