DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1064)

BUILDUP INTERIOR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 APRIL 2020

Application for approval of the Buildup Interior Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Buildup Interior 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 4 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 the matter of an application for approval of a collective agreement between Buildup Interior Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022, the Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The FWC had to consider the merits of the agreement in light of its provisions, the bargaining process, and any relevant legal principles.

The primary legal issues before the FWC were whether the agreement had been made in good faith, was fit for the purposes of registration, and did not include any terms that contravened the Act. The FWC also needed to assess whether the agreement adhered to the principles of the National Employment Standards and the general protections provisions of the Act. The CFMEU argued that the agreement was fair and balanced, while Buildup Interior Pty Ltd contended that certain provisions were unreasonable and not reflective of the parties' true bargaining positions.

The FWC carefully reviewed the terms of the agreement and the evidence presented by both parties. It found that the agreement had been made in good faith and was fit for registration. The FWC also concluded that the agreement did not contain any terms that contravened the Act. The FWC acknowledged the parties' bargaining positions and determined that the agreement reflected a fair and reasonable compromise between them. The FWC approved and registered the collective agreement.

The FWC's final order was to approve and register the Buildup Interior Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the terms and conditions set out in the agreement. This decision provided certainty to the parties regarding the terms of their employment relationship for the specified period.

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