DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2194)

WINDTECH FACADE SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2020

Application for approval of the Windtech Facade Solutions Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Windtech Facade Solutions 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 the 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 13 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 matter of the Construction, Forestry, Maritime, Mining and Energy Union, an application was made for the approval of the Windtech Facade Solutions Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant, Windtech Facade Solutions Pty Ltd, sought to have the proposed agreement between the company and the union recognised and approved by the Fair Work Commission, in accordance with the provisions of the Fair Work Act 2009. The union, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the grounds that the agreement contained terms that were not in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 235 of the Fair Work Act. This involved an examination of the terms of the agreement, to determine whether they were in the best interests of the employees, and whether the agreement had been made in good faith. The Commission also needed to consider whether the agreement complied with the provisions of the Fair Work Act, including those relating to minimum entitlements and the protection of employees' rights.

After considering the evidence and submissions presented by both parties, the Commission found that the agreement did not meet the criteria for approval. The Commission determined that the agreement contained terms that were not in the best interests of the employees, as they did not provide adequate protections for workers in certain situations. The Commission also found that the agreement had not been made in good faith, as the applicant had not engaged in meaningful bargaining with the union. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the Windtech Facade Solutions Pty Ltd / CFMEU Collective Agreement 2019-2022 be disallowed and that the agreement be taken to have no effect. The Commission also ordered that the applicant pay the union's costs of the application, in accordance with section 305 of 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