DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1254)

MILLENNIUM CARPENTRY SERVICES PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 MAY 2019

Application for approval of the Millennium Carpentry Services Pty. Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Millennium Carpentry Services Pty. Limited / 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 8 May 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Millennium Carpentry Services Pty. Limited, titled the Millennium Carpentry Services Pty. Limited / CFMEU Collective Agreement 2019. The agreement, aimed at regulating the terms and conditions of employment for carpenters employed by Millennium, was contested by the company on various grounds, including the union's alleged failure to genuinely bargain and the agreement's potential contravention of the Fair Work Act 2009.

The legal issues before the Commission involved the validity of the bargaining process and the compliance of the agreement with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the CFMEU had genuinely attempted to negotiate with Millennium and whether the provisions of the agreement were consistent with the Act's objectives. The central concern was the proper application of the genuine bargaining provisions and the interpretation of the agreement's terms in light of the legislative framework.

After considering the evidence and submissions from both parties, the Commission concluded that the CFMEU had genuinely attempted to negotiate with Millennium. The Commission found that the union had engaged in meaningful discussions, despite the company's resistance, and had made reasonable efforts to reach an agreement. Furthermore, the Commission determined that the agreement was not inconsistent with the Fair Work Act, as it contained provisions that aligned with the Act's purpose of providing a safety net of minimum entitlements, while also allowing for flexibility in the workplace. The Commission approved the agreement, acknowledging its role in providing a framework for resolving workplace issues between the parties.

The Commission's final order was the approval of the Millennium Carpentry Services Pty. Limited / CFMEU Collective Agreement 2019, effective from the date of the decision. This ruling not only resolved the immediate dispute between the parties but also set a precedent for future collective bargaining processes within the specified industry.

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