DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6604)

WILSON FACADES FIXING PTY LTD AND THE TRUSTEE FOR WILSON FAMILY TRUST T/AS WILSON FACADES INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2021

Application for approval of the Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust T/As Wilson Facades Installations Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust T/As Wilson Facades Installations Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement between Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust trading as Wilson Facades Installations Pty Ltd and the CFMEU. The dispute centred on the terms and conditions of employment for workers in the facade fixing industry. The application was heard by Commissioner Williams, who was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the validity and enforceability of the collective agreement. These included whether the agreement complied with the provisions of the Fair Work Act, specifically regarding the scope of bargaining, the coverage of the agreement, and the procedural fairness of the bargaining process. The Commission had to assess whether the agreement appropriately represented the interests of the employees and employers and whether it met the criteria for being a “good faith” agreement.

Commissioner Williams found that the collective agreement was valid and should be approved. The Commission noted that the agreement was the result of genuine and good faith bargaining, and it met the necessary statutory criteria. The agreement covered a specific group of employees who were appropriately represented by the union. Furthermore, the terms of the agreement were deemed fair and reasonable, taking into account the nature of the industry and the interests of both parties. The Commission also found that the procedural fairness of the bargaining process was adequately observed, and there were no significant procedural defects.

The Fair Work Commission approved the Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust trading as Wilson Facades Installations Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, making it legally binding on the parties involved.

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