Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7510)

CLADDING CREATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Cladding Creations 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 28 September 2021 and, in accordance with s 54, will operate from 5 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement between the union and Cladding Creations Pty Ltd, covering the period from 2020 to 2022. The agreement was contested by Cladding Creations, which argued that certain provisions were unfair and not in line with the Fair Work Act 2009. The central issue before the commission was whether the collective agreement met the criteria for approval under the Act, specifically focusing on whether the provisions were fair and balanced.

The commission examined the provisions of the agreement in detail, considering whether they were reasonable and equitable in terms of the rights and obligations of both the union and the employer. The analysis included a review of the bargaining power of the parties, the nature of the agreement's provisions, and their compliance with the principles of procedural fairness. The commission also assessed whether the agreement unfairly disadvantaged one party or imposed unreasonable obligations. After careful consideration, the commission found that the collective agreement was fair and balanced, meeting the statutory requirements for approval.

Consequently, the commission approved the collective agreement, acknowledging that it provided a fair and reasonable framework for the employment relationship between the union and the employer. The decision highlighted the importance of achieving a balance between the rights and interests of both parties in collective agreements. The commission's approval ensures that the agreement can be implemented, providing a stable and fair working environment for employees covered by the agreement.

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