DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4553)

SUPERIOR WALLS & CEILINGS (AUS) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 APRIL 2021

Application for approval of the Superior Walls & Ceilings (AUS) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Superior Walls & Ceilings (AUS) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 27 April 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicants sought approval of a collective agreement entered into with Superior Walls & Ceilings (AUS) Pty Ltd for the period 2020-2022. The case was heard by the Fair Work Commission, the body responsible for the resolution of workplace disputes under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of the Act. Specifically, the applicants needed to demonstrate that the agreement met the criteria for being an "enterprise agreement," which is a key concept under the legislation. The Commission examined whether the agreement covered a relevant "enterprise," whether it contained the necessary "allowable provisions," and whether it had been fairly negotiated and made without undue influence.

In its decision, the Commission found that the agreement met all the statutory criteria. It determined that the agreement was made in good faith, was negotiated fairly, and contained only allowable provisions. The Commission also confirmed that the agreement covered a relevant enterprise, and that the process for approving the agreement was conducted in accordance with the Act. Consequently, the Commission approved the collective agreement as compliant with the statutory requirements.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Superior Walls & Ceilings (AUS) Pty Ltd for the period 2020-2022.

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