DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2274)

MILLENNIUM CARPENTRY SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 AUGUST 2020

Application for approval of the Millennium Carpentry Services Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Millennium Carpentry Services Pty Limited / 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 26 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between Millennium Carpentry Services Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The application was heard in the Fair Work Commission. The union sought approval for the agreement which detailed terms and conditions of employment for carpenters within the company. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues the court had to address were whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. The union argued that the agreement had been fairly negotiated and included all the required minimum terms. Conversely, the employer contested the agreement's validity, suggesting that it did not meet the statutory standards. The court had to determine if the agreement was genuinely bargained and if it complied with the minimum standards set out in the Act.

In delivering its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. It found that the union and the employer had genuinely bargained the agreement, and that the agreement included all the necessary minimum terms and conditions. The Commission concluded that the agreement was fair and met the legal requirements for approval. Therefore, it granted the application for approval of the collective agreement.

The Fair Work Commission approved the Millennium Carpentry Services Pty Limited / CFMEU Collective Agreement 2019-2022, finding that it was genuinely negotiated and contained all the required minimum terms. This decision provides clarity for both employers and unions regarding the approval process for collective agreements under the Fair Work Act.

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