DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/789)

AUSTRAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 APRIL 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Austral Interiors 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 8 April 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 applicants, Austral Interiors Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) from 2019 to 2022. The dispute was heard by the Fair Work Commission, a tribunal established under Australian labour law to resolve disputes and make determinations in relation to employment and workplace relations. The primary legal issues the court needed to address were whether the agreement complied with the relevant statutory provisions and if it met the criteria for approval under the Fair Work Act 2009. The court examined the content of the agreement to determine if it adhered to the principles of good faith bargaining and if it contained provisions that were contrary to public policy or unfair to the employees.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. The court considered the provisions of the agreement, which included terms regarding wages, conditions of employment, and dispute resolution mechanisms. The court held that the agreement was the product of genuine attempts at conciliation and agreement between the parties. It noted that while there were some issues with the wording of certain clauses, these did not undermine the overall fairness and reasonableness of the agreement. The court concluded that the benefits of approving the agreement outweighed any minor deficiencies, as it provided a stable and predictable framework for the employment relationship between the parties.

In light of the findings, the Fair Work Commission approved the Austral Interiors Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the minor amendments proposed by the Commission. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would apply to the employees during the specified period. The court emphasised the importance of maintaining good industrial relations and the role of collective agreements in achieving this goal. The decision underscored the Commission's duty to balance the interests of employers and employees while upholding the principles of fairness and equity in the workplace.

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