DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2539)

T&A DRYWALL PTY LTD AND CFMEU ACT FINISHING AND FACADE TRADES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 SEPTEMBER 2020

Application for approval of the T&A Drywall Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the T&A Drywall Pty Ltd and CFMEU ACT Finishing and Facade 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 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 17 September 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

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and T&A Drywall Pty Ltd. The nature of the dispute centred on the application for approval of the T&A Drywall Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2019. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes.

The legal issues that the Fair Work Commission was required to decide related to the fairness of the proposed enterprise agreement. The Commission needed to consider whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. Specifically, the Commission was required to assess whether the agreement contained provisions that were contrary to public policy or that unfairly disadvantaged any party. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the proper registration and certification of the agreement.

The Fair Work Commission found that the T&A Drywall Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2019 met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and that it did not contain any provisions that were contrary to public policy or that unfairly disadvantaged any party. The Commission also found that the agreement was made in good faith and that it provided for the proper registration and certification of the agreement. The Commission approved the agreement, subject to certain conditions, including the requirement that the employer provide a copy of the agreement to each employee covered by the agreement.

The final orders of the Fair Work Commission were that the T&A Drywall Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2019 be approved, subject to the conditions outlined in the decision. The employer was required to provide a copy of the agreement to each employee covered by the agreement, and to take such steps as were necessary to ensure that the agreement was properly implemented. The CFMEU was required to take such steps as were necessary to ensure that the agreement was properly certified and registered. The Commission also ordered that the application fees be paid by the applicant within 28 days of the decision.

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