DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1397)

ST GEORGE INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MAY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the St George 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 5 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as a registered organisation, made an application for approval of the St George Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was opposed by St George Interiors Pty Ltd. The central issue in this case was whether the collective agreement met the legal requirements under the Fair Work Act 2009, specifically sections 234 and 235. The Commission had to determine if the agreement was made in good faith and if it adhered to the relevant provisions of the Act, including the protection of employees' rights.

The Commission considered the nature of the agreement and whether it was made in good faith, as required by section 234. The opposition raised concerns about the process by which the agreement was negotiated and the fairness of certain provisions. The Commission examined the negotiation process and the terms of the agreement to assess compliance with the statutory requirements. It was crucial to ensure that the agreement did not undermine the rights and protections of the employees and that it was consistent with the objectives of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement had been made in good faith and was consistent with the provisions of the Fair Work Act. The Commission found that the negotiation process was fair and that the terms of the agreement did not adversely affect the employees' rights. Consequently, the Commission approved the collective agreement, finding that it met the necessary legal standards and was in the best interests of the employees.

The Commission made an order approving the St George Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022, effective from the date of the decision. The order mandated that the agreement be registered with the Fair Work Commission and that it would be enforceable under the Fair Work Act. This decision provided clarity on the legal standards for collective agreements and reinforced the importance of good faith negotiations in the industrial relations context.

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