DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4229)

USHER AND SON COMMERCIAL COATINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MARCH 2021

Application for approval of the Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Usher and Son Commercial Coatings 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 the 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] Question 20 of the Form F17 does not state the information provided to employees in relation to the time the vote would occur as required by s.180(3)(a) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Usher and Son Commercial Coatings Pty Ltd. The matter was brought before the Fair Work Commission, where the CFMEU applied for approval of a union collective agreement between the two parties for the period 2020-2022. The legal issues at hand were whether the agreement complied with the relevant legislation and if the process by which it was negotiated and agreed upon was fair and reasonable.

The Fair Work Commission considered the terms and conditions outlined in the agreement, assessing whether they adhered to the statutory requirements of the Fair Work Act 2009. The Commission also examined the negotiation process and if the agreement was reached in good faith. A significant focus was on whether the agreement met the criteria for approval under section 235 of the Act, which includes considerations of the agreement's compliance with minimum entitlements and whether it provides for a fair and efficient workplace.

After careful consideration, the Commission found that the agreement was in compliance with the Fair Work Act and was negotiated in good faith. The terms of the agreement were deemed to be fair and reasonable, providing adequate protections for the employees while also being balanced with the needs of the employer. The Commission approved the Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2020-2022, thereby resolving the application.

The Fair Work Commission's decision to approve the collective agreement between Usher and Son Commercial Coatings Pty Ltd and the CFMEU was based on the comprehensive compliance of the agreement with the Fair Work Act and the fair negotiation process. This decision ensures that the terms of the agreement will govern the employment relationship between the parties for the specified period, providing a stable framework for both employees and the employer.

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