DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3910)

EXPRESS INTERIORS AND AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 FEBRUARY 2021

Application for approval of the Express Interiors and and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Express Interiors and and CFMEU (WA) Enterprise Agreement 2020-2024 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 11 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Express Interiors and CFMEU (WA) Enterprise Agreement 2020-2024. The application was made under section 235 of the Fair Work Act 2009. The dispute centred around whether the enterprise agreement complied with the statutory requirements for approval and whether it was in the best interests of the employees it covered.

The central legal issues the Commission had to address were whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission needed to consider whether the agreement provided for the proper operation of the enterprise and whether it met the criteria for being a low-paid, low-paid industry, or a small business enterprise agreement.

In its decision, the Commission carefully examined the provisions of the agreement against the statutory requirements. The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. It concluded that the agreement was in the best interests of the employees, as it provided for fair wages, reasonable working conditions, and proper dispute resolution mechanisms. The Commission also determined that the agreement allowed for the proper operation of the enterprise and met the criteria for a low-paid industry agreement. Based on these findings, the Commission approved the application for the agreement.

The Commission's final orders included the approval of the Express Interiors and CFMEU (WA) Enterprise Agreement 2020-2024, which is now legally binding on the parties. This decision ensures that the employees covered by the agreement will benefit from the terms and conditions agreed upon, while also allowing the enterprise to operate effectively within the framework established by the Fair Work Act 2009.

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