DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.S.J Crisp Pty Ltd
(AG2021/5966)

R.S.J. CRISP 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 JULY 2021

Application for approval of the R.S.J. CRISP 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 R.S.J. CRISP 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 R.S.J Crisp 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 20 July 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

The matter involved an application by R.S.J. Crisp Pty Ltd and the CFMEU (Victorian Construction and General Division) for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine if the agreement was a genuine enterprise agreement, if it complied with the formal requirements of the Act, and if it met the procedural fairness standards. Specifically, the court examined if the agreement was made by representatives of the employees and the employer, if it contained necessary minimum terms, and if it was free from prohibited content. The court also considered if the agreement was properly certified by the Fair Work Ombudsman.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement and complied with all statutory requirements. The agreement was made by representatives of the employees and the employer, and it included the necessary minimum terms. The court also determined that the agreement was free from prohibited content and was properly certified. The Commission approved the agreement, emphasising the importance of such agreements in maintaining industrial harmony and fairness in the workplace.

The final order was that the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 was approved and would come into effect as of the date of the Commission's decision.

R.S.J Crisp Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established