DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2247)

COLAB FAÇADE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 AUGUST 2020

Application for approval of the Colab Façade Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Colab Façade 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 19 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of a collective agreement between Colab Façade Pty Ltd and the CFMEU, effective from 2019 to 2022. The CFMEU sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would make it legally binding on the parties involved.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements for registration under the Fair Work Act. This included examining whether the agreement was made in good faith and whether it met the criteria for approval as set out in the Act. The Commission also had to consider if the agreement contained terms that were fair and reasonable, and if it provided for the protection of employees' rights and interests.

The Commission found that the collective agreement satisfied the necessary criteria for approval. The agreement was negotiated in good faith and contained terms that were fair and reasonable. The Commission was satisfied that the agreement met the requirements of the Act and provided adequate protections for employees. Consequently, the Commission approved the collective agreement, recognising it as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding on both Colab Façade Pty Ltd and the CFMEU, providing a stable framework for the employment relationship during the specified period.

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