Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/170)

Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 FEBRUARY 2022

Application for approval of the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The application was lodged with the Fair Work Commission (FWC), which is tasked with overseeing and approving collective agreements under the Fair Work Act 2009. The legal issues the court needed to address centred on whether the collective agreement met the requirements of the Act, specifically whether it complied with the provisions for enterprise agreements, and whether the agreement was made in good faith and contained necessary protections for employees.

The FWC examined whether the agreement provided fair terms and conditions for employees, including adequate wages, hours of work, and other employment conditions. The court considered the negotiation process and whether it was conducted in good faith, as required by the Act. The FWC also assessed if the agreement included all the prescribed minimum terms and conditions as outlined in the Fair Work Act, and whether it provided appropriate protections for employees, such as provisions for disputes resolution and unfair dismissal. After careful consideration, the FWC found that the collective agreement met all the legislative requirements and was in compliance with the Act.

The FWC approved the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2020-2022, recognising it as a valid enterprise agreement. The court concluded that the agreement was made in good faith and provided fair terms and conditions for employees. The agreement was deemed to comply with the Fair Work Act, including the prescribed minimum terms and conditions, and offered adequate protections for employees. The approval of the collective agreement allows it to be enforceable and binding on both parties, ensuring fair and consistent employment practices within the enterprise.

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