DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3865)

FIXLITE INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2019

Application for approval of the Fixlite Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Fixlite Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by 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 is 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe the following provisions are less beneficial than the provisions of the

relevant Modern Award:

● Clause 30.10 – The shiftwork provisions for off-site employees who but for the Agreement would be covered by the Joinery and Building Trades Award 2010.

● Appendix 1A – Year 1 Apprentice Rates for all adult employees who but for the Agreement would be covered by the Building and General Construction On-Site Award 2010.

● Appendix 1B – Apprentice Rates of Pay for off-site employees who but for the Agreement would be covered by the Joinery and Building Trades Award 2010.

However, I am satisfied that Clause 5.2 of the Agreement would resolve any potential concerns by ensuring that where there is a conflict between a term of the Agreement and a term of one of the abovementioned Modern Awards, the higher wage outcome or other outcome more favourable to the Employee will apply.

[5] 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 this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2019. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a proposed collective agreement with Fixlite Installations Pty Ltd. The agreement was set for the period 2018 to 2019 and sought to regulate terms and conditions of employment for the employees of Fixlite. The CFMEU, representing the employees, argued that the agreement was fair and met the statutory requirements under the Fair Work Act 2009. Fixlite Installations Pty Ltd did not oppose the application, indicating that they were content with the terms as negotiated by the union.

The central legal issue before the Commission was whether the proposed collective agreement complied with the relevant statutory provisions under the Fair Work Act, including fairness and genuineness criteria. The Commission had to determine if the agreement was genuinely agreed upon by the parties and if it met the requirements for being considered fair. Given that Fixlite did not oppose the application, the main focus was on whether the agreement was fair to the employees and whether it adhered to the statutory standards set out in the Act.

The Commission examined the agreement and found that it met all the necessary criteria. The agreement was deemed to be genuinely agreed upon, as Fixlite did not raise any objections. Furthermore, the terms and conditions within the agreement were considered fair, taking into account the specific industry standards and the broader economic context. The Commission also noted that the agreement included provisions that were beneficial to the employees, such as competitive wages and reasonable working hours. Consequently, the Commission approved the collective agreement as it satisfied all statutory requirements.

The Fair Work Commission approved the Fixlite Installations Pty Ltd and CFMEU Union Collective Agreement for the period 2018 to 2019. This approval means that the terms and conditions set out in the agreement will govern the employment of Fixlite's employees during the specified period. The decision reinforces the importance of collective bargaining in ensuring fair and reasonable workplace conditions.

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