DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2916)

CIVION INTERIORS PTY LTD AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 OCTOBER 2020

Application for approval of the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades 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 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 20 October 2020. The nominal expiry date of the Agreement is 1 August 2021.

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) filed an application for approval of the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2019. Civion Interiors Pty Ltd, an employer in the construction industry, and the CFMEU, a trade union representing employees in the finishing and façade trades, had entered into an enterprise agreement, seeking its formal approval. The application was brought before the Commission to determine whether the agreement met the necessary legal standards and requirements for approval.

The primary legal issues that the Commission had to address included whether the agreement was genuinely a product of bargaining between the parties, whether it contained the requisite good faith bargaining provisions, and whether it complied with the Fair Work Act 2009 in terms of its content and procedural fairness. Additionally, the Commission had to assess whether the agreement adequately addressed the rights and interests of the employees and if it met the criteria for being considered a single, indivisible agreement.

After thorough examination of the evidence and submissions presented by both parties, the Commission found that the agreement was indeed a genuine product of good faith bargaining. It was determined that the agreement met all the necessary legal standards and requirements, including the provisions for good faith bargaining. The Commission concluded that the agreement was fair and balanced, taking into account the rights and interests of both the employees and the employer. The application was subsequently approved, and the Civion Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2019 was formally recognised as a valid enterprise agreement.

As a result of this decision, the Fair Work Commission granted approval for the enterprise agreement, which will now serve as the governing document for the terms and conditions of employment between Civion Interiors Pty Ltd and the CFMEU. This decision sets a precedent for future enterprise agreements in the finishing and façade trades, ensuring that they comply with the Fair Work Act 2009 and the principles of good faith bargaining.

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