DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4996)

PARTEED PTY LTD T/A BISHOP MASTER FINISHES (QLD) AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2021

Application for approval of the Parteed Pty Ltd T/A Bishop Master Finishes (QLD) and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Parteed Pty Ltd T/A Bishop Master Finishes (QLD) 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 24 May 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Parteed Pty Ltd, trading as Bishop Master Finishes (QLD), and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought under the Fair Work Act 2009, seeking the Commission’s approval of the terms and conditions outlined in the proposed agreement. The Commission’s role was to ensure that the agreement met the requirements of the Act and provided for the proper regulation of industrial relations.

The primary legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act, whether it provided for fair and reasonable terms and conditions, and whether it met the requirements for a multi-employer agreement. The Commission needed to assess whether the agreement was consistent with the objects of the Act, including the protection of employees and the promotion of productive and harmonious workplace relations. Additionally, the Commission had to consider if the agreement appropriately balanced the rights and obligations of the employer and the union.

The Commission found that the agreement was consistent with the requirements of the Act. It determined that the agreement provided for fair and reasonable terms and conditions, and that it met the necessary criteria for multi-employer agreements. The Commission was satisfied that the agreement facilitated productive and harmonious workplace relations and did not undermine the objects of the Act. The Commission approved the agreement, finding that it provided an appropriate framework for the regulation of the employment relationship between the parties.

The Fair Work Commission approved the application for the approval of the Parteed Pty Ltd, trading as Bishop Master Finishes (QLD), and the Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2020‒2022, under the Fair Work Act 2009. The Commission determined that the agreement met the necessary criteria and provided fair and reasonable terms and conditions for 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