Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/255)

Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 FEBRUARY 2022

Application for approval of the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 February 2022. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 from the Fair Work Commission. Civion Interiors Pty Ltd, a company involved in interior design and construction, had entered into an enterprise agreement with the CFMEU, and the CFMEU sought to have this agreement recognised and approved by the Fair Work Commission as a registered agreement under the Fair Work Act 2009.

The central legal issue before the court was whether the terms of the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 met the criteria for approval as a registered agreement. The court considered whether the agreement was made in good faith and whether it contained the required terms, such as minimum rates of pay and other employment conditions, as stipulated under the Fair Work Act 2009. The court also had to determine if the agreement had been fairly and genuinely negotiated and if it adhered to the statutory requirements for registration.

The Fair Work Commission evaluated the agreement against the criteria set forth in the Fair Work Act 2009. The court noted that the agreement was made in good faith and that the parties had genuinely negotiated its terms. The agreement contained all the required terms, including minimum rates of pay and other employment conditions. The court found that the agreement complied with the statutory requirements for registration and approved it as a registered agreement. The court's decision was based on the evidence presented and the conclusion that the agreement met the necessary legal standards for approval.

The final orders of the Fair Work Commission were that the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. The court's decision provided clarity and certainty for the parties involved and ensured that the agreement would be legally binding and enforceable.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established