DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1386)

INTERIOR WORKS (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 MAY 2020

Application for approval of the Interior Works (AUST) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Interior Works (AUST) 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of a collective agreement with Interior Works (AUST) Pty Ltd, which was made for the period 2019 to 2022. This case was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or vary collective agreements under the Fair Work Act 2009. The dispute centred on whether the terms of the proposed agreement met the legal criteria for approval, specifically whether they complied with the provisions of the Act and the relevant national employment standards.

The key legal issues before the Commission were whether the proposed agreement was genuinely a bargain between the parties, whether it contained any unfair terms, and whether it provided for proper dispute resolution mechanisms. The CFMEU argued that the agreement was a genuine bargain, while Interior Works (AUST) Pty Ltd contended that certain clauses were unfair and not genuinely bargained for. Additionally, there was a discussion on whether the agreement adequately protected employees' rights and whether it provided sufficient avenues for dispute resolution.

In its decision, the Commission found that the agreement was genuinely a bargain between the parties, as evidenced by the negotiation process and the mutual acceptance of terms. It held that while some clauses were contentious, they did not render the entire agreement invalid. The Commission also determined that the agreement did not contain any unfair terms and that it provided adequate provisions for dispute resolution. Consequently, the Commission approved the collective agreement, subject to minor variations that addressed the identified concerns.

As a result of the Commission's findings, the Interior Works (AUST) Pty Ltd / CFMEU Collective Agreement 2019-2022 was approved with the specified variations. The parties were directed to implement the approved agreement and adhere to its terms, ensuring compliance with the Fair Work Act and the national employment standards.

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