DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4906)

COMTEC FLOORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 MAY 2021

Application for approval of the Comtec Floors Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Comtec Floors 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 19 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union lodged an application for the approval of the Comtec Floors Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The applicant sought to have the agreement registered and declared to be in effect as a registered agreement. The dispute centred around the terms and conditions of employment specified in the agreement, and whether they complied with the relevant industrial relations legislation.

The central legal issue for the Commission to determine was whether the terms and conditions outlined in the collective agreement were fair and reasonable, and complied with the provisions of the Fair Work Act 2009. In particular, the Commission needed to assess whether the agreement contained any terms that were contrary to the provisions of the Fair Work (Registered Organisations) Act 2009, or whether it was otherwise unfair or unreasonable. The Commission also needed to consider whether the agreement was necessary to protect the interests of employees and employers in the industry, and whether it provided an effective mechanism for resolving disputes.

After examining the terms of the agreement, the Commission found that the collective agreement was fair and reasonable, and complied with the relevant industrial relations legislation. The Commission noted that the agreement contained provisions that were necessary to protect the interests of both employees and employers, and provided an effective mechanism for resolving disputes. The Commission also found that the agreement did not contain any terms that were contrary to the provisions of the Fair Work Act 2009, or that were otherwise unfair or unreasonable.

Accordingly, the Commission approved the Comtec Floors Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, and declared it to be in effect as a registered agreement. The Commission's decision was based on its assessment of the terms and conditions of the agreement, and its finding that the agreement was fair and reasonable, and complied with the relevant industrial relations legislation. This decision provides important guidance for employers and employees in the industry, and sets out the terms and conditions of employment that will apply during the period of the agreement.

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