DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1914)

AUSTEM INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Austem 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 20 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Austem Interiors Pty Ltd. The crux of the issue was the application for the approval of the Austem Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022. The case was heard in the Fair Work Commission, which has jurisdiction over employment and workplace relations in Australia.

The legal issues before the Commission centred around the validity and enforceability of the proposed collective agreement. Specifically, the Commission needed to determine whether the agreement met the requirements set forth under the Fair Work Act 2009, including the need for it to be a genuine agreement, not containing any terms that were contrary to public policy or that were otherwise unlawful. Additionally, the Commission was tasked with ensuring that the agreement did not unfairly disadvantage any party and that it complied with all relevant provisions of the Fair Work Act.

In delivering its decision, the Commission considered the terms of the proposed agreement, the bargaining process, and the evidence presented by both parties. The Commission noted that the agreement had been negotiated in good faith and that it contained terms that were reasonable and fair to both the employer and the employees. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or that were otherwise unlawful. Furthermore, the Commission found that the agreement did not unfairly disadvantage any party and that it complied with all relevant provisions of the Fair Work Act. Based on these findings, the Commission approved the Austem Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022.

As a result of the Commission's decision, the Austem Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022 was approved and is now legally binding on both parties. The agreement sets out the terms and conditions of employment for employees of Austem Interiors Pty Ltd who are members of the CFMEU, and it will remain in effect until the end of the agreed period. The decision of the Commission is final and binding, and neither party may take any further action in relation to the agreement without the approval of the Fair Work Commission.

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