Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3210)

CUSTOM LIFT INTERIORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 25 SEPTEMBER 2023

Application for approval of the Custom Lift Interiors Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Custom Lift Interiors Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Custom Lift Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was regarding the approval of the Custom Lift Interiors Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The Fair Work Commission was the court responsible for handling this case.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees covered by it, was free from any prohibited content, and complied with the relevant provisions of the Act.

The Commission considered the arguments of both parties and examined the proposed agreement in detail. It found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement did not contain any prohibited content and complied with the relevant provisions of the Act. Therefore, the Commission approved the Custom Lift Interiors Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The Commission's decision was based on a thorough examination of the proposed agreement and the arguments of both parties. It found that the agreement met the requirements for approval under the Act and was in the best interests of the employees. The Commission's approval of the agreement means that it will now be legally binding on both parties for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established