DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3049)

FILM INSTALLATIONS CONTRACTING SERVICES PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 OCTOBER 2020

Application for approval of the Film Installations Contracting Services Pty Ltd and CFMMEU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Film Installations Contracting Services Pty Ltd and CFMMEU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 October 2020. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

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 the Film Installations Contracting Services Pty Ltd and CFMEU Enterprise Agreement 2019. The Film Installations Contracting Services Pty Ltd, an employer in the motion picture and video production industry, and the CFMEU, a registered union representing employees in various industries, entered into an enterprise agreement. The agreement outlined the terms and conditions of employment for employees of the company covered by the agreement.

The legal issues before the Commission centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the proper registration of the agreement. The Commission had to determine whether the agreement was a good faith bargaining outcome, whether it included the minimum terms and conditions mandated by the Act, and whether it was fair and reasonable in all its aspects.

The Commission examined the evidence and submissions presented by both parties. It considered the process of bargaining, the nature of the agreement, and the provisions within it. The Commission found that the agreement was the product of genuine and good faith bargaining, meeting the requirements of the Act. The agreement was found to include all the minimum terms and conditions prescribed by the Act, and the Commission was satisfied that the agreement was fair and reasonable in all its aspects. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Film Installations Contracting Services Pty Ltd and CFMEU Enterprise Agreement 2019, recognising it as a valid and legally binding enterprise agreement.

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