IJF Australia Pty Ltd

[2022] FWCA 264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IJF Australia Pty Ltd

(AG2022/130)

IJF Australia 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, 31 JANUARY 2022

Application for approval of the IJF Australia 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 IJF Australia 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 IJF Australia 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 7 February 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 applicant, IJF Australia Pty Ltd, sought approval of the IJF Australia 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 dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically the provisions concerning the fair and reasonable terms and conditions of employment.

The court was required to determine if the agreement's provisions were fair and reasonable, including whether it met the low paid threshold, and whether it complied with the procedural requirements set out in the Fair Work Act. The key issues included the classification of workers under the agreement, the calculation of the low paid threshold, and the compliance with the statutory minimum entitlements as per the award.

The Commission found that the agreement was fair and reasonable overall. It noted that the classification of workers and the proposed pay rates were in line with industry standards and provided adequate protections for employees. The Commission also found that the agreement complied with the low paid threshold and statutory minimum entitlements. The procedural fairness requirements were also met, as the agreement had been negotiated in good faith and involved a genuine consultation process between the parties.

The Fair Work Commission approved the agreement, finding it met the statutory requirements and was fair and reasonable in all respects. The decision provides guidance on the factors the Commission considers in approving enterprise agreements, including the importance of procedural fairness and compliance with minimum standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established