DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3745)

ALUMINIUM BALUSTRADES NORTH COAST (ABNC) PTY LTD T/AS ARCHITECHTURAL METALWORKS AUSTRALIA (AMA) AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 15 OCTOBER 2019

Application for approval of the Aluminium Balustrades North Coast (ABNC) Pty Ltd T/As Architechtural Metalworks Australia (AMA) and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Aluminium Balustrades North Coast (ABNC) Pty Ltd T/As Architechtural Metalworks Australia (AMA) 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 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

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between ABNC Pty Ltd trading as Architectural Metalworks Australia (AMA) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union sought to have the agreement, which outlined terms and conditions of employment for its members, formally recognised and approved under the Fair Work Act 2009. The primary dispute centred around the procedural fairness of the agreement's negotiation and the substantive fairness of its terms. The Fair Work Commission was tasked with determining whether the agreement was appropriately negotiated and whether it adhered to the principles of good faith and industrial fairness.

The central legal issues for the Commission to decide were whether the union had genuinely negotiated the agreement with the employer in good faith, and if the terms of the agreement were fair and reasonable. The Commission had to assess whether there was any procedural unfairness in the negotiation process and whether the agreement's terms were consistent with the principles of good faith bargaining. Additionally, the Commission needed to consider whether the agreement provided for appropriate protections for employees and whether it was in line with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the agreement had been negotiated in good faith and that the union had genuinely represented its members throughout the process. The Commission determined that the procedural fairness requirements were met, as the negotiation process had been transparent and inclusive. In terms of substantive fairness, the Commission concluded that the agreement's terms were reasonable and provided appropriate protections for the employees. The Commission took into account various factors, including industry standards, the parties' bargaining positions, and the overall balance of the agreement. As a result, the Commission approved the collective agreement, finding that it met the necessary criteria for recognition and approval under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the ABNC Pty Ltd T/As Architectural Metalworks Australia and CFMEU Union Collective Agreement 2018-2019, recognising it as a registered agreement under the Fair Work Act. The Commission's decision was based on the finding that the agreement was negotiated in good faith and that its terms were fair and reasonable. The approval of the agreement means that it will now be legally binding on both the employer and the union members, providing a clear framework for the terms and conditions of employment.

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