DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4299)

SUPERIOR WALLS & CEILINGS (AUS) PTY.LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 APRIL 2021

Application for approval of the Superior Walls & Ceilings (AUS) Pty.Ltd. / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Superior Walls & Ceilings (AUS) Pty.Ltd. / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 14 April 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Superior Walls & Ceilings (AUS) Pty Ltd and the CFMEU, covering the period from 2019 to 2023. The application was brought under the Fair Work Act 2009, seeking to ensure that the terms of the agreement complied with the legislative framework and to avoid industrial action.

The central legal issues before the Commission involved determining whether the proposed agreement met the statutory requirements for approval and whether the agreement was in the best interests of the employees. This included assessing whether the agreement adequately protected employees' rights, provided for fair and reasonable terms of employment, and aligned with the principles of the Fair Work Act. The Commission also had to consider the balance of power between the employer and the union, and whether the agreement provided for an appropriate mechanism for resolving disputes.

The Commission found that the agreement generally met the statutory criteria for approval. It concluded that the agreement was fair and reasonable, providing adequate protections for employees and aligning with the overarching objectives of the Fair Work Act. The Commission also noted that the agreement contained provisions for dispute resolution that were considered fair and effective. After reviewing the evidence and submissions from both parties, the Commission approved the collective agreement, finding that it was in the best interests of the employees and complied with the legislative requirements.

The final orders included the approval of the collective agreement between Superior Walls & Ceilings (AUS) Pty Ltd and the CFMEU for the period from 2019 to 2023. The Commission specified that the agreement was to be registered with the Fair Work Commission and would be subject to the usual processes for review and enforcement.

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