DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3807)

SALEX CEILINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2020

Application for approval of the Salex Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Salex Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022 (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] 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 29 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Salex Ceilings Pty Ltd, covering the period from 2019 to 2022. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for the registration of a union as the sole bargaining agent for a specified group of employees and whether it complied with the procedural and substantive requirements set out in the Act.

The Commission found that the agreement met the procedural requirements, having been negotiated in good faith and signed by genuine representatives of the parties. It also determined that the agreement satisfied the substantive requirements, providing for fair and reasonable terms and conditions for the employees, including matters such as wages, hours of work, leave, and dispute resolution mechanisms. The Commission further held that the agreement was consistent with the public interest and did not undermine the operation of the safety net provided by the Fair Work Act. Consequently, the Commission approved the collective agreement, finding it to be in compliance with the relevant statutory provisions.

The Fair Work Commission's decision to approve the Salex Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022 highlights the importance of ensuring that collective agreements are negotiated in good faith and provide for fair and reasonable terms and conditions for employees. By carefully considering the procedural and substantive requirements set out in the Fair Work Act, the Commission was able to determine that this particular agreement met the necessary criteria for approval. As a result, the agreement will now serve as the basis for the employment relationship between Salex Ceilings Pty Ltd and the relevant employees represented by the CFMEU.

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