DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1353)

INTERIOR WORKS (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 MAY 2019

Application for approval of the Interior Works (Aust) Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Interior Works (Aust) Pty Ltd / CFMEU Collective Agreement 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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Interior Works (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the year 2019. The application was brought before the Fair Work Commission. The central dispute pertained to the terms and conditions of employment set out in the proposed agreement, specifically regarding wages, working hours, and other employment-related matters.

The legal issues the court had to address involved the validity and enforceability of the proposed collective agreement under the Fair Work Act 2009. The primary focus was on whether the agreement complied with the statutory requirements for good faith bargaining, and whether the terms were fair and reasonable. Additionally, the court examined whether the agreement provided adequate protections for employees and whether it adhered to the relevant industrial laws and standards.

In its reasoning, the court found that the proposed agreement met the statutory criteria for good faith bargaining. The agreement contained provisions that were fair and reasonable, and it provided adequate protections for employees. The court also determined that the terms of the agreement were consistent with the relevant industrial laws and standards. Consequently, the court approved the application for the collective agreement to be registered.

As a result of the court's decision, the Interior Works (Aust) Pty Ltd / CFMEU Collective Agreement 2019 was registered and became legally binding on the parties involved. The agreement outlined the terms and conditions of employment for the specified period and provided a framework for future negotiations between the employer and the union.

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