DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5550)

CUTRITE COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JUNE 2021

Application for approval of the Cutrite Commercial Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the Cutrite Commercial 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 28 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Cutrite Commercial Pty Ltd, covering the period 2020-2022. The application was made under the Fair Work Act 2009, and the Full Bench of the Fair Work Commission heard the matter. The union and the employer aimed to establish terms and conditions of employment for their respective members and employees, seeking to have these terms recognised and enforced by the Commission.

The central legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval. Specifically, the Commission needed to determine if the agreement was made in good faith and if it complied with the provisions of the Fair Work Act, including whether it met the better-off-overall test. The Commission also needed to consider the impact of the agreement on employees' terms and conditions of employment and whether it provided adequate protections and benefits.

The Full Bench of the Fair Work Commission examined the agreement in detail, taking into account the submissions from both parties. The Commission considered the evidence provided regarding the negotiation process, the terms of the agreement, and the impact on employees. The Commission found that the agreement was made in good faith and complied with the statutory requirements. The Commission also determined that the agreement met the better-off-overall test, providing employees with improved terms and conditions of employment. Consequently, the Commission approved the agreement, subject to certain conditions.

The Full Bench of the Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Cutrite Commercial Pty Ltd, effective from 2020 to 2022. The Commission found that the agreement was made in good faith, complied with the statutory requirements, and met the better-off-overall test. The Commission's approval ensures that the terms and conditions of employment set out in the agreement are recognised and enforceable.

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