DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1936)

LIBRA INTERIORS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 JULY 2020

Application for approval of the Libra Interiors Pty. Ltd. / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Libra Interiors 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 22 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 matter involved an application for approval of a collective agreement between Libra Interiors Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission. The primary dispute centred around the terms and conditions set forth in the collective agreement and whether they complied with the relevant industrial laws.

The court was tasked with determining whether the collective agreement met the legal criteria for approval. This included assessing whether the agreement was made in good faith, if it provided for a fair and efficient workplace, and if it adhered to the statutory requirements under the Fair Work Act 2009. The court also had to consider whether the agreement was consistent with the principles of the National Employment Standards and other relevant industrial instruments.

The Fair Work Commission, after reviewing the agreement and the submissions from both parties, found that the collective agreement was made in good faith and was consistent with the statutory requirements. The commission determined that the terms and conditions of the agreement provided for a fair and efficient workplace and did not contravene any provisions of the Fair Work Act or other relevant industrial laws. As a result, the commission approved the collective agreement.

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