DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3145)

CWS CONRINA WALL SYSTEMS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for approval of the CWS Conrina Wall Systems Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CWS Conrina Wall Systems 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 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 (CFMEU) applied for the approval of a collective agreement with Conrina Wall Systems Pty Ltd (CWS). The CFMEU is a registered trade union representing employees in various industries, including construction. CWS is a company involved in the construction sector. The dispute arose from negotiations between the CFMEU and CWS over terms and conditions of employment. The Commission was required to determine whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for registration and approval.

The primary legal issues before the Commission were whether the agreement provided for the employees' remuneration and conditions of employment in a fair and reasonable manner, and whether it complied with the statutory requirements for approval. The Commission examined whether the agreement was made in good faith, whether it provided for the resolution of disputes, and whether it contained any provisions that would be detrimental to the employees or contrary to public policy. The CFMEU argued that the agreement was fair and reasonable, while CWS contended that certain provisions were excessive and not in line with industry standards.

The Commission found that the agreement was made in good faith and provided for the fair and reasonable remuneration and conditions of employment for the employees. The Commission noted that the agreement contained provisions for the resolution of disputes and did not contain any clauses that were detrimental to the employees or contrary to public policy. The Commission was satisfied that the agreement met the statutory requirements for approval and was in the best interests of the employees. The Commission approved the collective agreement, stating that it provided for fair and reasonable terms and conditions of employment and would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the CWS Conrina Wall Systems Pty Ltd / CFMEU Collective Agreement 2019-2022. The Commission found that the agreement was fair and reasonable, provided for the resolution of disputes, and met the statutory requirements for approval. The Commission's decision ensures that the employees of CWS will have a registered agreement that provides for their remuneration and conditions of employment, promoting harmonious, productive, and cooperative workplace relations.

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