DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2048)

ON-SITE GROUP PTY LTD T-AS OVERALL FACADE SYSTEMS / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 JULY 2020

Application for approval of the On-Site Group Pty Ltd t-as Overall Facade Systems / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the On-Site Group Pty Ltd t-as Overall Facade Systems / 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 31 July 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a proposed collective agreement with On-Site Group Pty Ltd trading as Overall Facade Systems. The CFMEU sought approval for the agreement to cover its members working as scaffolders, glaziers, painters, and other tradespeople within the facade construction industry across Australia. The case was heard and determined by the Full Bench of the FWC, comprising Deputy President Smith, Commissioner Chapman, and Commissioner McInerney.

The legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth), and whether it was in the best interests of the employees covered by the agreement. Specifically, the FWC had to consider if the agreement provided appropriate protections and entitlements for employees, and whether it was negotiated in good faith. The FWC also needed to ensure the agreement did not discriminate against any employees and complied with the principles of industrial law, including those relating to enterprise bargaining and good faith bargaining.

After reviewing the evidence and submissions from both parties, the FWC found that the proposed agreement met the legislative requirements and was in the best interests of the employees. The FWC determined that the agreement provided fair and reasonable terms and conditions for employees, and that it was negotiated in good faith. The FWC also concluded that the agreement did not discriminate against any employees and complied with the principles of industrial law. The FWC approved the proposed agreement, which will now govern the terms and conditions of employment for the employees covered by the agreement for the period 2019-2022.

The final orders of the FWC were that the CFMEU/On-Site Group Pty Ltd t-as Overall Facade Systems/CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under section 173 of the Fair Work Act 2009 (Cth). The agreement will now be registered and will be in effect for the period commencing on 1 July 2019 and ending on 30 June 2022. The FWC also ordered that the agreement be published on its website to ensure transparency and accountability.

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