DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6365)

INGRAMS AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVEAGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2021

Application for approval of the Ingrams Australia Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Ingrams Australia 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 11 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

The case before the Fair Work Commission involves an application for approval of a proposed collective agreement between Ingrams Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centres on the terms and conditions of employment for employees of Ingrams Australia Pty Ltd, a company engaged in the distribution of building materials, and the union's negotiation of these terms on behalf of its members. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the statutory provisions for good faith bargaining, whether it contained terms and conditions that were fair and reasonable, and whether it adhered to the obligations imposed by the Fair Work Act. Specifically, the Commission had to assess if the agreement appropriately balanced the interests of the employer and the employees and if it was consistent with the principles of the national workplace relations system.

In delivering its decision, the Commission examined the terms and conditions of the proposed agreement, the process of bargaining, and the evidence presented by both parties. The Commission found that the agreement met the requirements for good faith bargaining and contained terms and conditions that were fair and reasonable. It concluded that the proposed agreement was consistent with the overarching objectives of the Fair Work Act, which is to ensure fairness at work by promoting high wages and high levels of employment. Based on this, the Commission approved the application for the collective agreement.

The Fair Work Commission approved the Ingrams Australia Pty Ltd and CFMEU Union Collective Agreement 2020-2022, confirming that it met the statutory requirements for good faith bargaining, fairness, and compliance with the national workplace relations system. The decision ensures that the terms and conditions of employment for the employees of Ingrams Australia Pty Ltd are regulated by a legally binding agreement that reflects the interests of both the employer and the employees.

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