DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1207)

BRIGHTON CEILINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 MAY 2020

Application for approval of the Brighton Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Ceilings 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 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 18 May 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 this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement between Brighton Ceilings Pty Ltd and the CFMEU, covering the period 2019 to 2022. The application was brought before the Fair Work Commission (FWC) by the CFMEU. The crux of the dispute revolved around the terms and conditions set forth in the proposed agreement, with specific attention given to issues such as wage rates, working hours, and other employment-related provisions.

The primary legal issue before the FWC was whether the collective agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for an enterprise agreement, including provisions on minimum rates of pay, penalty rates, and other employment conditions. The FWC also had to consider whether the agreement adhered to the "better off overall test," ensuring that the proposed terms were at least as favourable as existing conditions or the applicable award.

The FWC meticulously examined the proposed agreement, taking into account various submissions and evidence from both parties. The Commission concluded that the agreement substantially complied with the statutory requirements and met the better off overall test. The FWC found that the proposed terms and conditions provided by the agreement were fair and reasonable, offering benefits to employees that were not less favourable than their current conditions. Consequently, the FWC approved the Brighton Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022.

Following the approval, the FWC mandated that the agreement be registered and enforceable, thereby providing legal certainty and stability to the terms and conditions of employment for the specified period. This decision underscores the importance of collective bargaining in achieving fair and equitable workplace outcomes.

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