DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Installex Australia Pty Ltd
(AG2021/6663)

INSTALL EX 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, 23 AUGUST 2021

Application for approval of the INSTALL EX AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the INSTALL EX 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 Installex Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Install Ex Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, the Fair Work Commission was required to determine whether the agreement was appropriate for registration under the Fair Work Act 2009. The applicant, Install Ex Australia Pty Ltd, sought approval for the enterprise agreement, while the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) represented the employees' interests. The dispute centred on whether the proposed agreement met the legal criteria for approval, including compliance with relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Regulations 2011.

The primary legal issues the Commission needed to resolve were whether the agreement was made in good faith, the extent to which it was appropriately negotiated, and whether it complied with the relevant statutory requirements. The Commission also examined whether the agreement provided appropriate terms and conditions for the employees, including wages, hours of work, and other employment-related matters. A further consideration was whether the agreement aligned with the overarching principles of the Fair Work Act, which aims to create a balanced framework for industrial relations in Australia.

The Commission found that the agreement was appropriately negotiated in good faith and met the statutory requirements for registration. The agreement provided fair and reasonable terms and conditions for the employees, and the Commission determined that it complied with the provisions of the Fair Work Act. The Commission highlighted that the agreement included provisions for fair wages, reasonable working hours, and other employment-related matters that were consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Install Ex Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 for registration under the Fair Work Act 2009. This decision ensures that the agreement will provide fair and reasonable terms and conditions for the employees involved, while also promoting a balanced framework for industrial relations in the carpentry and joinery industry.

Installex Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established