RSJ Crisp Pty Ltd Summary

[2025] FWCA 1821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RSJ Crisp Pty Ltd

(AG2025/1548)

RSJ CRISP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MAY 2025

Application for approval of the RSJ Crisp Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the RSJ Crisp Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RSJ Crisp Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 April 2025 and the Agreement was made on 15 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

The Construction, Forestry and Maritime Employees 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 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the RSJ Crisp Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The parties to the dispute were RSJ Crisp Pty Ltd, an employer in the carpentry and joinery industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The primary nature of the dispute was to seek formal approval of the proposed enterprise agreement, which outlined the terms and conditions of employment for the employees of RSJ Crisp Pty Ltd over the specified period.

The legal issues before the court included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in relation to the provisions for minimum rates of pay, allowable working hours, and other terms and conditions that must be included. The court also needed to determine whether the agreement had been made fairly and in good faith, and whether it provided for the proper management of the workplace and allowed for genuine bargaining. Additionally, the court examined if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations comply with certain standards when making agreements.

The Fair Work Commission found that the proposed enterprise agreement complied with the relevant statutory requirements. It noted that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009, and that the process of bargaining had been conducted fairly. The Commission observed that the agreement included provisions for minimum wages, allowable working hours, and other employment terms that met the legal standards. Furthermore, it was satisfied that the agreement allowed for the proper management of the workplace and was made in good faith. Consequently, the Commission approved the enterprise agreement, recognising it as a lawful and fair document that met all the necessary criteria under the Fair Work Act 2009.

RSJ Crisp Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established