DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4723)

FACADE & ROPE ACCESS PTY LTD T/AS TRADIES ON ROPES AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2021

Application for approval of the Facade & Rope Access Pty Ltd T/As Tradies on Ropes and CFMEU Union Collective Agreement 2020–2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Facade & Rope Access Pty Ltd T/As Tradies on Ropes and CFMEU Union Collective Agreement 2020–2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 April 2021 and, in accordance with s 54, will operate from 3 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Facade & Rope Access Pty Ltd trading as Tradies on Ropes and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was for the period from 2020 to 2022. The legal dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of its fairness and the process through which it was negotiated. The matter was heard by the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issues the Commission needed to address were whether the agreement was genuinely bargained, free from any coercion, and whether it met the 'better off overall test'. This test requires that the employees be no worse off and at least some better off financially under the terms of the agreement compared to the applicable award or enterprise agreement. Additionally, the Commission had to consider whether the process by which the agreement was negotiated was fair and appropriate. This included examining the extent of consultation and whether the union had genuinely represented the interests of its members.

The Fair Work Commission determined that the agreement was genuinely bargained and free from any undue influence or coercion. The Commission found that the negotiation process was fair and that the union had adequately represented its members. Furthermore, the Commission concluded that the agreement met the 'better off overall test', as it provided improved conditions for the employees without imposing any financial detriment. Consequently, the Commission approved the collective agreement. The decision was made in the interest of ensuring fair and effective industrial relations while recognising the rights of both employers and employees.

The final orders of the Commission were that the Facade & Rope Access Pty Ltd T/As Tradies on Ropes and CFMEU Union Collective Agreement 2020–2022 be approved and registered under the Fair Work Act 2009. This approval ensures that the terms of the agreement are legally binding and enforceable for the specified period.

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