DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3183)

A&F FABRICATIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the A&F Fabrications Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the A&F Fabrications Pty Limited / 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 9 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the A&F Fabrications Pty Limited / CFMEU Collective Agreement 2019-2022. The dispute arose from the company’s objection to the terms of the agreement, particularly those concerning pay rates, allowances, and working conditions. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and was in the interests of the employees.

The legal issues before the Commission included the interpretation of the Fair Work Act’s provisions regarding the approval of enterprise agreements, particularly sections concerning pay rates and conditions. The central question was whether the agreement's provisions complied with the Act and if they were fair and reasonable in the context of the bargaining process and the industry standards. Additionally, the Commission had to assess whether the agreement provided for adequate protections for employees, including those concerning overtime, penalty rates, and allowances.

The Commission carefully examined the terms of the agreement and found that they were consistent with the requirements of the Fair Work Act. The agreement provided for fair and reasonable pay rates and conditions, taking into account the industry benchmarks and the bargaining position of both parties. The Commission also noted that the agreement included provisions for dispute resolution and employee protections that met the statutory standards. Based on this analysis, the Commission approved the collective agreement, finding that it was in the best interests of the employees and complied with the necessary legal criteria.

The Fair Work Commission approved the A&F Fabrications Pty Limited / CFMEU Collective Agreement 2019-2022, effective from 1 January 2020. The decision was based on the conclusion that the agreement met the statutory requirements and was fair and reasonable for the employees involved.

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