DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1694)

WINFIX FACADES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JUNE 2020

Application for approval of the Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Winfix Facades 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 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) and Winfix Facades Pty Ltd sought approval of their collective agreement from the Fair Work Commission (FWC). The agreement, which covered the period from 2019 to 2022, was contentious due to several provisions that the CFMEU sought to include, which Winfix Facades opposed. The central dispute centred on the terms related to employment conditions, including wages, working hours, and dispute resolution mechanisms. The FWC was tasked with determining whether the provisions were consistent with the Fair Work Act 2009 and if they met the standards of procedural fairness and good faith bargaining.

The primary legal issues before the FWC involved the interpretation of the Fair Work Act, particularly in relation to the approval of collective agreements. The court had to assess whether the provisions in the agreement were fair and reasonable, and if the bargaining process adhered to the principles of good faith. The FWC needed to determine if the agreement's provisions were within the scope of what could be reasonably included in a collective agreement and whether any terms unfairly disadvantaged the employer or employees. Additionally, the court examined whether the employer had fulfilled its obligations under the act to bargain in good faith.

In delivering its decision, the FWC carefully considered the provisions of the agreement and the bargaining process. The court noted that the provisions in question were not unreasonable or unfair, and that the bargaining process adhered to the principles of good faith. The FWC found that the agreement met the standards of procedural fairness and did not contain any provisions that would disadvantage either party. The court approved the collective agreement, recognising that the terms were reasonable and necessary for the efficient operation of the business. The decision underscored the importance of balancing the rights and obligations of both employers and employees under the Fair Work Act.

The final orders of the FWC approved the collective agreement between Winfix Facades Pty Ltd and the CFMEU, effective from 2019 to 2022. The FWC emphasised that the agreement was fair and reasonable, and that the bargaining process was conducted in good faith. The court rejected the objections raised by Winfix Facades, confirming that the terms of the agreement were within the scope of what could be included in a collective agreement. The decision provided clarity on the interpretation of the Fair Work Act and the standards required for the approval of collective agreements.

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