DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3041)

HIGHLIGHT INTERIOR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 OCTOBER 2020

Application for approval of the Highlight Interior Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Highlight Interior 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 28 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a collective agreement between Highlight Interior Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement sought to cover a period from 2019 to 2022. The nature of the dispute centred around whether the proposed terms and conditions within the agreement met the statutory requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, the body responsible for overseeing the approval of such agreements.

The central legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary terms for its approval, including provisions on pay rates, conditions of employment, and any other relevant terms that would impact the employees covered by the agreement. Furthermore, the Commission considered whether the agreement was genuinely negotiated between the employer and the union, and whether it met the "better off overall test," ensuring that employees were not worse off as a result of the agreement.

The Commission examined the contents of the agreement and found that it included all the necessary terms required by the Fair Work Act. It was noted that the agreement had been genuinely negotiated between the parties, and it met the "better off overall test." The Commission was satisfied that employees would not be worse off under the new terms and conditions. Consequently, the Commission approved the collective agreement, finding that it complied with the statutory requirements and was in the best interests of the employees involved.

The final orders of the Commission were that the Highlight Interior Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision and would be in effect for the specified period of three years.

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