DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2503)

AK COMMERCIAL CONSTRUCTION (ACT) PTY LTD T/AS TILTON INTERIORS AND CFMEU ACT FINISHING AND FACADE TRADES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 SEPTEMBER 2020

Application for approval of the AK Commercial Construction (ACT) Pty Ltd t/as Tilton Interiors 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 AK Commercial Construction (ACT) Pty Ltd t/as Tilton Interiors 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 16 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the AK Commercial Construction (ACT) Pty Ltd t/as Tilton Interiors and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2019. The application was opposed by the employer, who raised several objections to the proposed agreement. The primary issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and if it was appropriately negotiated. The employer argued that the agreement contained provisions that were not fairly negotiated and did not comply with the Act. The FWC examined the evidence presented by both parties and assessed the fairness and compliance of the agreement. The Commission found that while some provisions were not fairly negotiated, the overall agreement was appropriate and should be approved. The employer's objections were dismissed, and the agreement was approved by the FWC.

The FWC determined that the provisions which were not fairly negotiated did not significantly undermine the overall fairness of the agreement. The Commission found that the parties had engaged in good faith negotiations, and the agreement reflected a fair balance of interests. The employer's concerns about certain provisions were addressed by the FWC through specific directions, ensuring compliance with the Act. The FWC emphasised the importance of maintaining industrial harmony and the need for the agreement to be approved, despite the identified issues. The FWC's decision highlights the importance of proper negotiation processes and compliance with the Fair Work Act, while also recognising the need to balance the interests of both parties in the approval process.

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