DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4093)

KEY INTERIORS (ACT & NSW) PTY LTD AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2021

Application for approval of the KEY INTERIORS (ACT & NSW) PTY LTD and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the KEY INTERIORS (ACT & NSW) PTY LTD and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2021. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Key Interiors (ACT & NSW) Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought the commission's approval of the agreement, which was intended to regulate the terms and conditions of employment for finishing and façade trades within the company. The applicant argued that the agreement was fair and reasonable, while no objections were formally raised during the hearing.

The central legal issue before the commission was whether the enterprise agreement was fair and reasonable in all its aspects. The commission considered the agreement's provisions in the context of the Fair Work Act 2009 and its accompanying regulations. It examined whether the agreement satisfied the 'better off overall test' and whether it adhered to the principles of good faith bargaining and procedural fairness.

The Fair Work Commission found the agreement to be fair and reasonable. It determined that the agreement met the better off overall test, as the employees would be better off in terms of their wages and conditions compared to the applicable awards. The commission also found that the agreement had been reached through good faith bargaining and that the procedural fairness requirements were satisfied. Consequently, the commission approved the agreement, which was to be registered and would come into effect from the date of the approval.

The final orders of the commission were that the Key Interiors (ACT & NSW) Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the commission's decision and would apply to the relevant employees within the specified enterprise.

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