DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4183)

USHER AND SON COMMERCIAL COATINGS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 MARCH 2021

Application for approval of the Usher and Son Commercial Coatings (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Usher and Son Commercial Coatings (NSW) 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 1 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

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Usher and Son Commercial Coatings (NSW) Pty Ltd, which was to cover the period from 2019 to 2023. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for registration. The primary concern was whether the agreement was made in good faith and was genuinely intended to be an agreement between the employer and the union.

The court had to assess the principles of good faith and genuine agreement as stipulated by the Fair Work Act. It had to evaluate the bargaining process to ensure that both parties had genuinely attempted to reach an agreement. The court also had to consider whether the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. The parties had to demonstrate that the agreement was not a mere formality but a genuine effort to address workplace issues and improve working conditions.

The court found that the agreement met the criteria for approval. It determined that both parties had genuinely engaged in bargaining and that the terms of the agreement were fair and reasonable. The court concluded that the agreement was made in good faith and was genuinely intended to be a collective agreement. The court took into account the evidence provided by both parties and found that the process of reaching the agreement was transparent and fair. The terms of the agreement were also found to be consistent with the principles of good faith and genuine agreement.

The court approved the collective agreement, which was to be registered with the Fair Work Commission. The agreement was deemed to be a genuine and fair agreement between the employer and the union, and it was registered accordingly. The court's decision provided clarity and certainty for both parties, ensuring that the agreement would be legally binding and enforceable. The decision also reinforced the importance of good faith and genuine agreement in the collective bargaining process.

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