DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/444)

COMMERCIAL BUILDING FACADES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2020

Application for approval of the Commercial Building Facades Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Commercial Building Facades Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2020 The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Commercial Building Facades Pty Ltd and CFMEU Union Collective Agreement for the years 2018-2019. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The parties included the Commercial Building Facades Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), with the Fair Work Commission (FWC) presiding over the decision.

The central legal issues before the FWC were whether the collective agreement complied with the requirements of the Fair Work Act, specifically regarding its procedural fairness, the protection of employee rights, and the fairness of its terms and conditions. The FWC needed to determine if the agreement was made in good faith, if it provided for the protection of employees' rights, and if it met the standards of procedural fairness and substantive fairness.

The FWC examined the process by which the agreement was negotiated and concluded, ensuring that both parties had a genuine opportunity to participate in the negotiations and that the terms of the agreement were fair and reasonable. The Commission found that the agreement was made in good faith and that it provided adequate protection for employee rights. The FWC also concluded that the agreement was procedurally and substantively fair, meeting all necessary legal criteria for approval. Consequently, the FWC approved the collective agreement, recognising its compliance with the relevant legislative requirements.

The Fair Work Commission's decision affirmed the approval of the Commercial Building Facades Pty Ltd and CFMEU Union Collective Agreement for the years 2018-2019, highlighting its compliance with the Fair Work Act. The Commission's approval was based on the agreement's adherence to good faith bargaining, protection of employee rights, and its procedural and substantive fairness. This decision provides clarity and guidance for future collective agreements in similar contexts.

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