DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2935)

NOFIRE PTY LTD T/AS FYREGUARD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Nofire Pty Ltd T/As Fyreguard and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Nofire Pty Ltd T/As Fyreguard and CFMEU Union Collective Agreement 2018-2019 (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 16 October 2020. The nominal expiry date of the Agreement is 1 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the CFMEU and Nofire Pty Ltd trading as Fyreguard. The agreement sought to regulate employment terms and conditions for the period 2018-2019. The dispute centred around whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with relevant provisions and if it was in the best interests of the employees it sought to cover.

The primary legal issues before the Commission involved the interpretation and application of sections of the Fair Work Act. Key questions included whether the agreement had been genuinely negotiated and whether it contained provisions that were in the best interests of the employees. The Commission also needed to assess whether the agreement complied with the good faith bargaining requirements and whether it met the standard conditions set out in the Act. Additionally, the Commission had to determine if the agreement was consistent with the overarching objectives of the Act, particularly the promotion of harmonious, productive and cooperative workplace relations.

In its decision, the Fair Work Commission found that the collective agreement met the necessary criteria for approval. The Commission determined that the agreement had indeed been genuinely negotiated between the parties, and the provisions were considered to be in the best interests of the employees. The Commission found that the agreement complied with the good faith bargaining requirements and adhered to the standard conditions as stipulated in the Fair Work Act. Furthermore, the Commission concluded that the agreement was consistent with the objectives of promoting harmonious, productive and cooperative workplace relations. Therefore, the Commission approved the collective agreement for the specified period.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Nofire Pty Ltd trading as Fyreguard, effective from 2018 to 2019. The Commission's decision was based on its finding that the agreement was genuinely negotiated, contained provisions in the best interests of the employees, complied with the good faith bargaining requirements, and met the standard conditions as outlined in the Fair Work Act. The Commission's approval signifies that the agreement is now legally binding between the parties.

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