DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3720)

NATIONAL PASSIVE FIRE PROTECTION SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 OCTOBER 2019

Application for approval of the National Passive Fire Protection Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the National Passive Fire Protection Services 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). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 18 October 2019. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the National Passive Fire Protection Services Pty Ltd. The dispute involved the approval of a collective agreement for the period 2018-2019. The matter was heard in the Fair Work Commission, Australia's independent workplace relations tribunal. The central legal issues before the Commission were whether the proposed collective agreement was consistent with the Fair Work Act 2009 and if it complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009. The Commission had to determine whether the agreement was fair and reasonable in terms of its terms and conditions and if it adhered to the principles of good faith bargaining and the promotion of harmonious, productive and cooperative workplace relations.

The Fair Work Commission thoroughly examined the proposed collective agreement, considering the principles of good faith bargaining and the need for the agreement to be fair and reasonable. The Commission considered the evidence provided by both parties, the terms of the agreement, and the broader context of workplace relations in the industry. It found that the agreement was negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The Commission also found that the agreement complied with the relevant statutory provisions and was consistent with the principles of the Fair Work Act. Given these findings, the Commission approved the collective agreement.

The Fair Work Commission granted approval for the National Passive Fire Protection Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019, affirming that it met the necessary statutory requirements and adhered to the principles of good faith bargaining and fair and reasonable terms. The approval signified the agreement's compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act, ensuring its validity and enforceability. This decision provided clarity and certainty for both the employer and the union, as well as their employees, in relation to the terms and conditions of employment during 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