DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1104)

CUBIC INTERIORS SYDNEY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 APRIL 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Cubic Interiors SYDNEY 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 7 May 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application for approval of a collective agreement with Cubic Interiors SYDNEY Pty Ltd. The CFMEU argued that the agreement was appropriate for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Commissioner G J Perrett. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, and whether the agreement was in the best interests of the employees it covered. The Commission had to consider the balance of bargaining power between the parties, the fairness and reasonableness of the terms of the agreement, and whether the agreement would promote harmonious, productive and cooperative workplace relations.

The Commission found that the agreement was appropriately balanced and met the requirements for approval. The CFMEU had demonstrated that it had sufficient support from the employees covered by the agreement, and that the agreement had been negotiated in good faith. The terms of the agreement were found to be fair and reasonable, and the Commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations. The Commission concluded that the agreement was in the best interests of the employees it covered, and granted approval for the agreement.

The Fair Work Commission approved the Cubic Interiors SYDNEY Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement will now be registered and enforceable under the Fair Work Act. The CFMEU and Cubic Interiors SYDNEY Pty Ltd will be bound by the terms of the agreement, and the employees covered by the agreement will be entitled to the protections and benefits it provides.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established