Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7584)

CARPET CONTRACTORS (AUST) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Carpet Contractors (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Carpet Contractors (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 30 September 2021 and, in accordance with s 54, will operate from 7 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 parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Carpet Contractors (Aust) Pty Ltd, with the Fair Work Commission (FWC) acting as the tribunal. The dispute pertained to the application for approval of the Carpet Contractors (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The FWC was tasked with determining whether the collective agreement complied with the Fair Work Act 2009 (Cth) and other relevant industrial laws.

The legal issues before the FWC centred on the compliance of the collective agreement with the statutory requirements outlined in the Fair Work Act 2009 (Cth). Key concerns included whether the agreement adhered to the provisions for modern awards, the applicability of the agreement to employees and employers, and whether the agreement met the criteria for being a lawful and enforceable instrument. Additionally, the FWC had to consider whether the agreement adequately addressed the rights and obligations of the parties involved.

In rendering its decision, the FWC meticulously examined the collective agreement against the relevant legal framework. The tribunal found that the agreement substantially complied with the requirements of the Fair Work Act 2009 (Cth), noting that it incorporated the terms of the applicable modern award and was fair and reasonable in its provisions. The FWC concluded that the agreement was not only lawful but also adequately protected the interests of both the employees and the employer. As a result, the FWC approved the collective agreement, ensuring that it would be binding on the parties involved.

The FWC's final orders were to approve the Carpet Contractors (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022, with the agreement to be registered and enforceable under the Fair Work Act 2009 (Cth). This decision provided clarity and legal certainty to both the union and the employer, ensuring that the terms of the agreement would govern the industrial relations between them for the specified period.

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