DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4897)

CUBIC INTERIORS WESTERN AUSTRALIA PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2021

Application for approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (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 19 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

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 an enterprise agreement between Cubic Interiors Western Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The union sought to have the proposed agreement recognised as a protected action agreement, thereby preventing employers from taking adverse action against employees for participating in the agreement. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards and whether its approval would be in the public interest.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it adhered to the provisions concerning protected action and the protection of employees' rights. The Commission had to consider whether the agreement provided adequate protections for employees and whether it was fair and reasonable in all its terms. The Commission also needed to assess if the agreement would facilitate better industrial relations outcomes without undermining the broader objectives of the Fair Work Act.

In its decision, the Fair Work Commission carefully examined the terms of the proposed agreement and the submissions made by both parties. The Commission noted that the agreement contained provisions that were consistent with the Fair Work Act and provided sufficient protections for employees. It found that the agreement was fair and reasonable in all its terms, and that its approval would facilitate better industrial relations outcomes. The Commission concluded that the agreement met all the necessary legal standards and that its approval would be in the public interest.

The Fair Work Commission approved the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, recognising it as a protected action agreement. The Commission's decision provides clarity for both employers and employees regarding the terms of the agreement and reinforces the importance of fair and reasonable industrial relations practices in Australia.

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