| [2020] FWCA 3414 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1697)
CUSTOM CEILINGS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 30 JUNE 2020 |
Application for approval of the Custom Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.
[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Custom Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 30 June 2020 and, in accordance with s 54, will operate from 7 July 2020. The nominal expiry date of the Agreement is 31 December 2022.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 3414
- Case
- [2020] FWCA 3414
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties and whether it contained terms that were fair and reasonable. The Commission also needed to consider if the agreement was in the best interests of the employees and if it complied with the procedural and substantive requirements under the Fair Work Act. Additionally, the Commission examined whether the agreement included provisions that were contrary to public policy or had an adverse effect on the employees' rights.
The Fair Work Commission found that the agreement was genuinely a product of bargaining and that the parties had engaged in a genuine process of negotiation. The Commission considered the terms of the agreement and concluded that they were fair and reasonable, providing adequate protection for the employees. The Commission also found that the agreement was in the best interests of the employees and that it complied with the statutory requirements for approval. The Commission noted that the agreement contained provisions that were consistent with industry standards and that it did not have any adverse effects on the employees' rights. The Commission approved the agreement, subject to certain modifications to address minor procedural issues.
The final orders of the Fair Work Commission included the approval of the Custom Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the modifications made by the Commission. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that the parties take necessary steps to ensure its implementation. The Commission also ordered that the agreement be published on the Fair Work Commission's website to promote transparency and accountability in the bargaining process.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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