DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3098)

QUEENSLAND FACADE SYSTEMS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 SEPTEMBER 2019

Application for approval of the Queensland Facade Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Facade Systems 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). It has been made by 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] 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

• 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2019. The nominal expiry date of the Agreement is 1 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Queensland Facade Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The dispute arose in the Fair Work Commission of Australia, the tribunal tasked with regulating and enforcing workplace laws in Australia.

The primary legal issues before the tribunal were whether the collective agreement met the requirements of the Fair Work Act 2009 and whether it contained any provisions that contravened the Act. The tribunal had to examine the fairness, reasonableness, and compliance of the agreement with the relevant legislation. It also had to determine whether the agreement included any unfair or unreasonable terms that would not be approved under the Act.

The Fair Work Commission considered the submissions from both parties and analysed the terms of the agreement. The tribunal found that the agreement contained provisions that were not in accordance with the Fair Work Act 2009. Specifically, the tribunal determined that the agreement contained provisions that were deemed to be unfair and unreasonable, which contravened the Act. The tribunal also found that the agreement did not meet the requirements for approval under the Act. Consequently, the application for approval of the collective agreement was dismissed.

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