DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1951)

INGLIS FIRE AND SAFETY PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JULY 2020

Application for approval of the Inglis Fire and Safety Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Inglis Fire and Safety Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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 23 July 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Inglis Fire and Safety Pty Ltd. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary dispute centred around the procedural fairness and the merits of the agreement itself, which was proposed for the period of 2018 to 2019. The company sought the approval of the agreement, which had been negotiated with the union, while the union aimed to ensure that the agreement met the necessary standards under Australian labour law.

The legal issues before the court required a determination of whether the process leading to the agreement was fair and whether the agreement itself complied with the provisions of the Fair Work Act 2009. This included assessing if the union had properly represented its members, and if the terms of the agreement were reasonable in the context of industrial relations. The court also needed to consider whether the agreement met the criteria for being an enterprise agreement under the Act, and whether it contained any terms that were unfair or contrary to public policy.

In reaching its decision, the court examined the evidence provided by both parties regarding the negotiation process and the contents of the agreement. It was determined that the union had adequately represented its members and that the negotiation process was fair. The court further found that the agreement met the legal requirements and was reasonable in its terms. The court concluded that the agreement was fair and met the criteria for approval under the Fair Work Act. The court found that there were no grounds to reject the application and approved the collective agreement as proposed.

The final orders of the court were that the Inglis Fire and Safety Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved as a certified agreement under section 233 of the Fair Work Act 2009. This decision means that the terms of the agreement are legally binding on the parties involved and will govern the industrial relations between the union and the employer for 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