DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/55)

FINE LINE COMMERCIAL INTERIOR LINING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JANUARY 2021

Application for approval of the Fine Line Commercial Interior Lining Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the Fine Line Commercial Interior Lining 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 on the Form F17 indicates that on 18 December 2020 Employees were notified via email voting would be conducted on 11 January 2021 at a toolbox meeting held on site and the voting method would be a show of hands. However, it is not clear if and how employees were informed of the timeof vote per 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 3 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Fine Line Commercial Interior Lining Pty Ltd and CFMEU Union Collective Agreement 2020–2022. Fine Line, a small business, contested the application, arguing that the agreement was not appropriately negotiated and did not meet the criteria for approval under the Fair Work Act 2009. The central legal issues were whether the agreement was genuinely negotiated and whether it complied with the statutory requirements for approval, particularly the provisions concerning the protection of employees' rights and interests.

The Fair Work Commission examined the process of negotiation and the content of the agreement. It found that while there were procedural shortcomings in the negotiation process, the CFMEU and Fine Line had ultimately reached an agreement that was fair and reasonable. The Commission noted that the agreement provided for fair and appropriate terms and conditions for employees, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement did not unjustifiably discriminate against any class of employees and was in the public interest. Therefore, the application for approval was granted.

In light of the findings, the Fair Work Commission approved the Fine Line Commercial Interior Lining Pty Ltd and CFMEU Union Collective Agreement 2020–2022, acknowledging the parties' efforts to reach a negotiated agreement that met the statutory criteria for approval. The Commission highlighted the importance of genuine negotiation and compliance with the Fair Work Act in approving such agreements. The final order was that the collective agreement was approved, effective from the date of the Commission's decision.

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