DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2456)

FINE TOUCH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 SEPTEMBER 2020

Application for approval of the Fine Touch Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Fine Touch Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 9 September 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case concerning the approval of the Fine Touch Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2019-2022, the applicant sought to have the agreement approved by the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for employees of Fine Touch Pty Ltd, who were members of the CFMEU. The dispute arose because the union and the employer had negotiated the terms of the agreement, but there were concerns about whether the agreement complied with relevant industrial laws.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act 2009, and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine whether the agreement provided for a fair and reasonable outcome for the employees, and whether it met the standards of procedural fairness. The Commission also had to consider whether the agreement provided adequate protection for the employees' rights and interests.

The Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act and had been made in good faith. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees, and that it met the standards of procedural fairness. The Commission also found that the agreement provided adequate protection for the employees' rights and interests, and that it did not contain any terms that were contrary to public policy or that had an adverse effect on the employees. As a result, the Commission approved the agreement and made the necessary orders to bring it into effect.

The Fair Work Commission approved the Fine Touch Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2019-2022, and made the necessary orders to bring it into effect. The Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act and had been made in good faith. The Commission also found that the agreement provided for a fair and reasonable outcome for the employees, and that it met the standards of procedural fairness. The Commission further found that the agreement provided adequate protection for the employees' rights and interests, and that it did not contain any terms that were contrary to public policy or that had an adverse effect on the employees. The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by 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