DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4795)

COLAB FACADE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 MAY 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Colab Facade 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 12 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 (CFMEU) and Colab Facade Pty Ltd applied for approval of a collective agreement that was negotiated between the parties. The agreement sought to cover the terms and conditions of employment for workers in the facade industry. The dispute was heard by the Fair Work Commission, presided over by Commissioner Delaney.

The central issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act 2009, particularly whether it contained all the prescribed terms, and whether it was otherwise fair and reasonable. The Commission needed to consider if the agreement complied with the statutory minimum standards and whether it was in the best interests of the employees and employers involved.

The Commission found that the collective agreement contained all the prescribed terms and was fair and reasonable. The agreement provided for minimum rates of pay, entitlements, and other conditions of employment that met the statutory minimum standards. The Commission also considered the bargaining positions of the parties and the process through which the agreement was negotiated. The Commission was satisfied that the agreement was the product of genuine bargaining and that it was in the best interests of the employees and employers involved. The application for approval was therefore granted.

The Commission approved the Colab Facade Pty Ltd and CFMEU Union Collective Agreement 2020-2022, effective from 1 July 2020. The agreement will apply to all employees of Colab Facade Pty Ltd who are members of the CFMEU. The approval of the agreement ensures that the employees will receive the benefits outlined in the agreement, and that the employers will be bound by the terms and conditions set out in 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