DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AFD Unit Trust T/A Australian Fire Door Company Pty Ltd
(AG2020/3828)

AUSTRALIAN FIRE DOOR COMPANY PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Australian Fire Door Company Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Australian Fire Door Company Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement). The application was made by AFD Unit Trust T/A Australian Fire Door Company Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2020. The nominal expiry date of the Agreement is 21 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of AFD Unit Trust T/A Australian Fire Door Company Pty Ltd, the Fair Work Commission was called upon to determine the application for approval of the Australian Fire Door Company Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020. The application was made by the employer, AFD Unit Trust, which operates as the Australian Fire Door Company, and the Australian Council of Trade Unions (ACTU) on behalf of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union had reached an agreement with the employer to establish terms and conditions of employment for the employees involved in the 1 The Esplanade Project. The dispute centred around the procedural fairness of the bargaining process and the content of the proposed enterprise agreement.

The Fair Work Commission needed to address several legal issues in this matter. The primary concern was whether the enterprise agreement was genuinely negotiated, as required by the Fair Work Act 2009. The Commission also had to consider whether the application process was conducted in a procedurally fair manner and whether the agreement complied with the statutory requirements for approval. Furthermore, the Commission had to ensure that the agreement did not contravene any provisions of the National Employment Standards or the general protections outlined in the Fair Work Act.

In delivering its decision, the Commission found that the enterprise agreement had been genuinely negotiated between the parties and that the application process was procedurally fair. The Commission noted that the parties had engaged in a process of genuine bargaining and had reached a consensus on the terms and conditions of employment. The Commission also determined that the agreement did not contravene any provisions of the National Employment Standards or the general protections outlined in the Fair Work Act. Consequently, the Commission approved the application for the enterprise agreement, finding it to be in compliance with the statutory requirements for approval.

In summary, the Fair Work Commission approved the application for the Australian Fire Door Company Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020, finding that the agreement had been genuinely negotiated and was procedurally fair. The Commission's decision highlights the importance of genuine negotiation and procedural fairness in the enterprise bargaining process.

AFD Unit Trust T/A Australian Fire Door Company 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