DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2541)

USHER & SONS COMMERCIAL COATINGS (VIC) PTY LTD /CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2020

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

Application for approval of the Usher & Sons Commercial Coatings (VIC) Pty Ltd /CFMEU South Australia Greenfield Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Usher & Sons Commercial Coatings (VIC) Pty Ltd /CFMEU South Australia Greenfield Enterprise Agreement 2020 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this 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 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Usher & Sons Commercial Coatings (VIC) Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2020. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have the enterprise agreement approved, while Usher & Sons Commercial Coatings (VIC) Pty Ltd contested the approval. The dispute was adjudicated by the Fair Work Commission, with the hearing presided over by Deputy President K J Ryan.

The central legal issues that the Commission had to resolve were whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, specifically whether it was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider whether the agreement met the requirements for being a single interest enterprise agreement and if it was appropriately certified by the relevant independent certifier.

In delivering the decision, Deputy President K J Ryan examined the procedural aspects of the agreement's creation and the content of the agreement itself. The Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. Furthermore, the agreement was properly certified by the Australian Building and Construction Commission, fulfilling the criteria for a single interest enterprise agreement. Consequently, the Commission approved the Usher & Sons Commercial Coatings (VIC) Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2020.

The final orders of the Commission were that the enterprise agreement be approved as a certified agreement under section 173 of the Fair Work Act 2009, effective from 1 April 2020. The agreement was to be registered with the Fair Work Commission and would remain in force until 31 March 2025 or until terminated in accordance with its provisions.

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