Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7792)

ALUMINIUM BALUSTRADES NORTH COAST (ABNC) PTY LTD T/AS ARCHITECHTURAL METALWORKS AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 OCTOBER 2021

Application for approval of the Aluminium Balustrades North Coast (ABNC) Pty Ltd T/As Architechtural Metalworks Australia and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as the Aluminium Balustrades North Coast (ABNC) Pty Ltd T/As Architechtural Metalworks Australia 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 28 October 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve a collective agreement between the Aluminium Balustrades North Coast (ABNC) Pty Ltd T/As Architectural Metalworks Australia and the union. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires the Fair Work Commission to assess whether the agreement meets certain criteria before it can be registered. The application was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the agreement complied with the statutory requirements under the Fair Work Act. Specifically, the court needed to determine if the agreement met the provisions regarding employee representation, bargaining, and the resolution of disputes. The court also considered whether the agreement contained any provisions that might be contrary to public policy or detrimental to the parties' interests. The union argued that the agreement was fair and balanced, while ABNC contended that certain provisions were unfair and should not be approved.

The court examined the agreement in detail, considering each clause and its implications for the parties involved. The Full Bench found that the agreement generally complied with the requirements of the Fair Work Act. The court noted that while some provisions could be considered stringent, they were not contrary to public policy or detrimental to the parties' interests. The agreement was found to provide for fair and effective employee representation and dispute resolution mechanisms. Consequently, the court approved the collective agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the court were that the Aluminium Balustrades North Coast (ABNC) Pty Ltd T/As Architectural Metalworks Australia and CFMEU Union Collective Agreement 2020‒2022 be approved and registered under the Fair Work Act 2009. The court's decision provided clarity and certainty to the parties regarding the terms of their agreement and ensured that the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established