Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9280)

Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 31 JANUARY 2022

Application for approval of the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for the approval of the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 CFMMEU was a bargaining representative for the Agreement and 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 CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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

In the matter of an application for the approval of the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021, the Australian Industrial Relations Commission considered the application by the Australian Building and Construction Commission. The parties involved in the dispute were the Custom Ceilings (ACT) Pty Ltd, a construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework.

The central legal issues before the commission were whether the proposed agreement met the statutory requirements outlined in the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for fair and reasonable terms, if it was made in good faith, and if it included provisions that met the "better off overall test" for employees. The commission also needed to consider if the agreement complied with the procedural requirements for enterprise agreements under the Act.

After reviewing the submissions and evidence from both parties, the commission found that the proposed enterprise agreement was fair and reasonable. The commission was satisfied that the agreement had been made in good faith and that it provided terms that were better off overall for the employees. Additionally, the commission confirmed that the agreement complied with all procedural requirements and was in line with the provisions of the Fair Work Act 2009. Consequently, the commission approved the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021.

The final orders of the commission were to approve the enterprise agreement, which would now be binding on the parties from the date of the commission's decision. This decision provides clarity and legal certainty for both the employer and the employees concerning the terms and conditions of their employment under the agreement.

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