Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7544)

THE DANEBRITT GROUP PTY LTD T/AS WOODLAND SHOPFITTING AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 OCTOBER 2021

Application for approval of the Danebritt Group Pty Ltd T/As Woodland Shopfitting and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as the Danebritt Group Pty Ltd T/As Woodland Shopfitting 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 8 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 case involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Danebritt Group Pty Ltd T/As Woodland Shopfitting. The dispute was brought before the Fair Work Commission (FWC). The nature of the dispute centred on whether the collective agreement between the CFMEU and the employer was in compliance with the relevant legislative and regulatory frameworks, and whether it met the necessary standards for approval.

The central legal issues the FWC needed to address were whether the collective agreement adhered to the Fair Work Act 2009, and whether it was made in good faith and not against the public interest. The FWC examined the terms of the agreement, the process by which it was negotiated, and whether it included appropriate provisions for employee protections, wages, and conditions. Furthermore, the FWC assessed whether the agreement was sufficiently representative of the employees and whether it provided fair and reasonable terms for both parties.

The FWC determined that the collective agreement was in compliance with the Fair Work Act 2009 and met the necessary standards for approval. The FWC found that the agreement was negotiated in good faith and did not contravene any public interest considerations. The terms of the agreement were found to be fair and reasonable, and it provided appropriate protections and benefits for the employees. The FWC was satisfied that the agreement was representative of the employees and provided a balanced outcome for both parties involved.

The FWC approved the collective agreement between the CFMEU and the Danebritt Group Pty Ltd T/As Woodland Shopfitting for the period of 2020‒2022. This decision provided certainty and stability for the employees and employers covered by the agreement, and ensured that the terms of employment were fairly negotiated and compliant with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established