DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1746)

OZ COMMERCIAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

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

[1] An application has been made for approval of an enterprise agreement known as the Oz Commercial 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 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement with Oz Commercial Interiors Pty Ltd, effective from 2019 to 2022. The union and the employer had reached an agreement that included provisions on wages, working conditions, dispute resolution mechanisms, and other employment terms. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process and the terms of the agreement.

The legal issues before the Commission involved ensuring the agreement was made in good faith, that the bargaining process was fair, and that the terms of the agreement were not contrary to public policy or in breach of any statutory provisions. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for both parties, and if it adhered to the principles of good faith bargaining.

The Commission found that the agreement was made in good faith and the bargaining process was fair. The terms of the agreement were deemed to be reasonable and not contrary to public policy. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and complied with the statutory requirements. Consequently, the application for approval of the collective agreement was successful.

The Fair Work Commission approved the Oz Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was registered on the Register of Approved Agreements, effective from the date of the decision. The decision underscored the importance of adhering to good faith bargaining and ensuring the terms of the agreement were fair and reasonable for both parties.

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