Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8257)

AUSTRALIAN JOINERY PRODUCTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 NOVEMBER 2021

Application for approval of the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Australian Joinery Products 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.

[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 25 November 2021. 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 for the approval of a collective agreement between the Australian Joinery Products Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission (FWC). The CFMEU sought to have the collective agreement, which was reached through negotiation, formally approved by the FWC. This approval is necessary to ensure that the agreement complies with the relevant industrial laws and to give it legal effect.

The central legal issue before the FWC was whether the collective agreement met all the statutory requirements for approval. This included whether the agreement had been made in good faith and whether it provided for a fair and efficient system of dispute resolution. Additionally, the FWC had to consider if the agreement was consistent with the public interest, given its implications for the industry and the workforce.

The FWC thoroughly examined the agreement, considering the evidence presented by both parties. The FWC determined that the agreement had been negotiated in good faith and provided an effective and efficient system for resolving disputes. The FWC also concluded that the agreement was in the public interest and did not negatively impact the broader industry or the workforce. As a result, the FWC approved the collective agreement, finding it to be compliant with all necessary legal requirements.

As a final order, the FWC approved the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2020-2022, thereby giving it legal effect. This decision ensures that the terms of the agreement will be binding on the parties and will govern their industrial relations for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established