DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/522)

ASPIRE FAÇADES GROUP NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2020

Application for approval of the Aspire Façades Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Aspire Façades Group 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 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 23 March 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 involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Aspire Façades Group NSW Pty Ltd, with the dispute centering on the approval of the Aspire Façades Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was heard in the Fair Work Commission. The central legal issues the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it adhered to the principles of good faith bargaining and procedural fairness.

The court considered whether the agreement provided fair and reasonable terms and conditions for the employees, and if it was the product of genuine and meaningful negotiations between the parties. The CFMEU argued that certain provisions in the agreement did not meet these standards, while Aspire Façades Group NSW Pty Ltd contended that the agreement was fair and represented the outcome of genuine bargaining. The court examined the evidence presented regarding the bargaining process, the terms of the agreement, and the overall fairness of the outcome.

Upon reviewing the evidence, the court found that the Aspire Façades Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 was approved. The court was satisfied that the agreement was the result of genuine negotiations and contained fair and reasonable terms for the employees. The court concluded that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and did not contain any provisions that were contrary to public policy or otherwise invalid. The agreement was approved and will govern the employment conditions of the employees 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