Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2946)

PRECISION INTERIOR WALLS AND CEILINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 SEPTEMBER 2023

Application for approval of the Precision Interior Walls and Ceilings Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Precision Interior Walls and Ceilings Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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.

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.

The Construction, Forestry, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Precision Interior Walls and Ceilings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission. The central dispute revolved around whether the proposed collective agreement, which detailed terms and conditions of employment for workers at Precision Interior Walls and Ceilings, complied with the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Precision Interior Walls and Ceilings sought to contest specific provisions they deemed unreasonable or unnecessary.

The key legal issues before the Commission included the fairness and reasonableness of the terms outlined in the collective agreement. These terms encompassed aspects such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission had to determine if the agreement met the statutory criteria for approval under the Fair Work Act, particularly whether it was likely to provide better off, or at least not worse off, the employees covered by the agreement. The Commission also needed to consider if the agreement complied with the provisions that prohibit discrimination and promote workplace health and safety.

The Commission deliberated on the submissions and evidence presented by both parties. It examined the proposed terms and conditions, assessing their alignment with contemporary employment standards and practices within the industry. The Commission highlighted the importance of balancing the interests of both employers and employees, ensuring that the agreement did not unduly disadvantage either party while promoting fair and productive workplace relations. Ultimately, the Commission found the collective agreement to be fair and reasonable, meeting all statutory requirements. Consequently, the Commission approved the agreement, which will now govern the employment conditions for the relevant workers at Precision Interior Walls and Ceilings until 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established