DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/568)

PRECISION INTERIOR WALLS AND CEILINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 MARCH 2020

Application for approval of the Precision Interior Walls and Ceilings Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Precision Interior Walls and Ceilings Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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 25 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the Federal Court was tasked with considering an application for approval of a collective agreement. The dispute arose between the Precision Interior Walls and Ceilings Pty Ltd and the union, with the union seeking to have the terms of the collective agreement recognised and enforced under the Fair Work Act 2009. The court was required to determine whether the agreement met the statutory requirements for approval, including whether it provided for the fair and efficient resolution of workplace issues.

The primary legal issues the court needed to address involved whether the collective agreement complied with the Fair Work Act, specifically whether it provided for the fair and efficient resolution of workplace issues, and whether it contained terms that were contrary to public policy or were otherwise unlawful. The court also needed to consider whether the agreement was in the best interests of the employees and whether it had been genuinely negotiated by the parties.

The court examined the terms of the collective agreement, finding that it contained provisions for the fair and efficient resolution of workplace issues, including mechanisms for addressing disputes and grievances. The court also found that the agreement did not contain any terms that were contrary to public policy or unlawful. The court concluded that the agreement was in the best interests of the employees and had been genuinely negotiated by the parties. Accordingly, the court approved the collective agreement, recognising it as a registered agreement under the Fair Work Act.

The court's decision was a significant victory for the union, as it recognised the collective agreement as a legally binding document. The approval of the agreement will provide certainty and stability to the workplace, ensuring that the terms of the agreement are enforced and that the rights of the employees are protected. The decision also sets an important precedent for future collective agreements in the industry.

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