Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8806)

ATLANTIC COMMERCIAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2021

Application for approval of the Atlantic Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Atlantic Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2019-2023 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between Atlantic Commercial Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, where the CFMEU sought to have the collective agreement approved as a registered agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it met the criteria for approval as set out in the Fair Work Act, and whether it complied with the requirements for good faith bargaining. The Commission also considered whether the agreement was in the best interests of the employees it covered and whether it met the standards of fairness and reasonableness expected of a registered agreement.

In its decision, the Commission found that the agreement was genuinely negotiated between the parties and met the criteria for approval under the Fair Work Act. The Commission determined that the agreement was in the best interests of the employees and met the standards of fairness and reasonableness required for registration. The Commission noted that the agreement provided for a range of benefits and protections for employees, including minimum wage rates, leave entitlements, and dispute resolution procedures. The Commission also found that the agreement was consistent with the principles of good faith bargaining and did not contain any provisions that were contrary to public policy or that would have an adverse effect on the industrial relations system.

The Fair Work Commission approved the collective agreement as a registered agreement, effective from 1 July 2019 to 30 June 2023. The decision sets a precedent for future collective agreements between employers and the CFMEU, and provides guidance on the standards expected for approval by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established