DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1080)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 APRIL 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Cubic Interiors NSW 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 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 matter before the Fair Work Commission was an application for the approval of a collective agreement between Cubic Interiors NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was proposed for the period of 2019 to 2022 and aimed to regulate the terms and conditions of employment for the workers within Cubic Interiors NSW Pty Ltd. The legal issues that the Commission needed to address were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for genuine bargaining, if it was in the best interests of the employees, and if it complied with the relevant provisions of the Act.

The Commission held that the agreement had been genuinely bargained between the parties and was in the best interests of the employees. The Commission also found that the agreement was compliant with the relevant provisions of the Fair Work Act 2009. The Commission took into account the nature of the industry, the bargaining history between the parties, and the interests of the employees. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and was therefore in the best interests of the employees. The Commission approved the agreement, which will now apply to the employees of Cubic Interiors NSW Pty Ltd for the period of 2019 to 2022.

The Commission made an order approving the Cubic Interiors NSW Pty Ltd / CFMEU Collective Agreement 2019-2022. The order was made under section 234 of the Fair Work Act 2009 and will apply to all employees of Cubic Interiors NSW Pty Ltd who are covered by the agreement. The order will remain in effect until the end of the agreement period or until such time as it is replaced by a new agreement or terminated by either party in accordance with the relevant provisions of the Fair Work Act 2009.

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