DCA (Manufacturing) Pty Ltd

[2022] FWCA 2963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DCA (Manufacturing) Pty Ltd

(AG2022/3451)

DCA (Manufacturing) 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 MATHESON	SYDNEY, 29 AUGUST 2022

Application for approval of the DCA (Manufacturing) 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 DCA (Manufacturing) 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 DCA (Manufacturing) Pty Ltd. 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 5 September 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

DCA (Manufacturing) Pty Ltd, represented by the Australian Manufacturing Workers' Union, and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, represented by the Construction, Forestry, Maritime, Mining and Energy Union, brought an application before the Fair Work Commission for the approval of an enterprise agreement. The agreement, which was intended to govern the employment conditions of carpenters and joiners employed by subcontractors engaged by DCA, sought to address various terms and conditions, including pay rates, hours of work, and dispute resolution mechanisms. The dispute centred on whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of its procedural fairness and compliance with the Fair Work (Registered Organisations) Act 2009.

The key legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether the agreement was procedurally fair. Specifically, the Commission needed to determine if the bargaining process had been conducted in good faith and if the agreement had been appropriately negotiated. Additionally, the Commission had to consider whether the agreement complied with the substantive requirements of the Act, including provisions for minimum wages, penalty rates, and other entitlements.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act and that the bargaining process was conducted in good faith. The Commission also determined that the agreement was procedurally fair, as it had been negotiated between the parties with full disclosure of relevant information and opportunities for consultation. Furthermore, the Commission concluded that the agreement complied with the substantive requirements of the Act, including provisions for minimum wages, penalty rates, and other entitlements. The Commission was satisfied that the agreement was in the best interests of the employees covered by it and approved the enterprise agreement.

In light of the above, the Fair Work Commission approved the DCA (Manufacturing) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement will now govern the employment conditions of carpenters and joiners employed by subcontractors engaged by DCA for the period 2020-2023, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established