DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6863)

QUEENSLAND FACADE SYSTEMS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the Queensland Facade Systems Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Facade Systems 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 10 September 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 case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, sought approval from the Fair Work Commission for a collective agreement with Queensland Facade Systems Pty Ltd. The dispute centred around the terms and conditions set out in the proposed agreement for the period from 2020 to 2022, including wage rates, working conditions, and other employment-related matters. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues before the Commission involved whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the terms and conditions within the agreement were fair and reasonable. Specifically, the Commission needed to determine whether the agreement met the requirements for approval, including whether it provided for a fair and efficient workplace and whether it adhered to the principles of good faith bargaining.

The Commission found that the proposed agreement largely complied with the statutory requirements and was fair and reasonable. It considered the bargaining positions of both parties, the economic context in which the agreement was negotiated, and the terms and conditions proposed within the agreement. The Commission noted that the agreement provided for fair and efficient workplace practices and that the terms and conditions were reasonable in light of the economic climate and the bargaining power of both parties. Consequently, the Fair Work Commission approved the Queensland Facade Systems Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The Commission emphasised that the agreement would provide stability and predictability for both employers and employees during a period of economic uncertainty.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established