DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2129)

MASTER COATING (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 JULY 2020

Application for approval of the Master Coating (AUST) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Master Coating (AUST) 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 7 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Master Coating (AUST) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of a collective agreement covering the period from 2019 to 2022. The dispute arose in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and promoting fair work practices. The CFMEU, as a trade union, and Master Coating, an employer within the painting industry, entered into a collective agreement which the union now sought to have approved as a registered agreement. The agreement, if approved, would govern the terms and conditions of employment for the employees of Master Coating during the specified period.

The central legal issue before the tribunal was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement covered only matters that were bargainable under the Act, was expressed in clear and plain language, and did not contain any provisions that would be unfair to employees. The union argued that the agreement was comprehensive and fair, while Master Coating contended that certain provisions were not bargainable or were unfairly prejudicial.

The tribunal carefully reviewed the contents of the agreement, examining each clause to ensure it met the statutory requirements. The court found that while most of the agreement was in compliance, certain clauses did not meet the criteria for being bargainable under the Act. Additionally, some provisions were deemed to be unfair to employees. However, the tribunal concluded that these issues could be rectified through minor amendments. The court ultimately approved the agreement, subject to these amendments being made, thereby resolving the dispute in favour of the union and the employer.

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