Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6995)

CUSTOM LIFT INTERIORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the Custom Lift Interiors Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Custom Lift Interiors 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 21 September 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Custom Lift Interiors Pty Ltd, covering the period 2020 to 2022. The application was made under the Fair Work Act 2009, which provides for the approval of certain collective agreements that meet specific criteria. The primary dispute centred on whether the agreement complied with the legislative requirements and if it provided fair and reasonable terms for the employees involved.

The legal issues before the Commission included whether the agreement adequately protected employee rights and interests, and if it was genuinely negotiated between the parties. The Commission had to determine if the agreement provided fair terms and conditions for employees, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission considered whether the agreement contained terms that were contrary to public policy or were otherwise unenforceable.

The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided fair and reasonable terms for the employees, and that it was genuinely negotiated between the parties. The Commission also concluded that the agreement did not contain terms that were contrary to public policy or otherwise unenforceable. Consequently, the application for approval of the collective agreement was successful. The Commission approved the Custom Lift Interiors Pty Ltd and CFMEU Union Collective Agreement 2020-2022, ensuring that it would provide fair terms and conditions for employees during 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