Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/919)

CTA (VIC) PTY LTD T/AS CTA (VIC) 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 APRIL 2022

Application for approval of the CTA (VIC) PTY LTD T/As CTA (VIC) 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 CTA (VIC) PTY LTD T/As CTA (VIC) 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 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the CTA (VIC) PTY LTD T/As CTA (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The dispute centered around the terms and conditions of the proposed enterprise agreement, which the union sought to have approved by the Commission.

The legal issues before the Commission were primarily concerned with the compliance of the proposed enterprise agreement with the provisions of the Fair Work Act 2009, specifically sections that mandate the fair treatment of employees and the avoidance of unfair discrimination. The Commission had to determine whether the terms of the agreement were consistent with these statutory requirements and whether they provided a fair and reasonable basis for the employment relationship between the employer and the employees covered by the agreement.

In reaching its decision, the Commission examined the evidence and submissions presented by both the union and the employer. The Commission found that the proposed agreement was largely consistent with the statutory requirements and provided a fair and reasonable basis for the employment relationship. The Commission noted that the agreement contained provisions that were in line with the Fair Work Act's objectives of providing a fair and efficient workplace relations system. The Commission also considered the views of the employees, finding that the majority supported the proposed agreement. Based on this analysis, the Commission approved the enterprise agreement, finding that it met the necessary criteria for approval.

The Fair Work Commission approved the CTA (VIC) PTY LTD T/As CTA (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The Commission's decision was based on its finding that the agreement met the statutory requirements and provided a fair and reasonable basis for the employment relationship. The Commission also noted the support of the majority of the employees for the proposed agreement. This decision provides a clear precedent for the approval of similar enterprise agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established