DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/615)

CLADDING CREATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 1 APRIL 2019

Application for approval of the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Cladding Creations 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 single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of a collective agreement with Cladding Creations Pty Ltd for the period 2018-2019. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the respondent argued that the agreement was not a genuine enterprise agreement and did not meet the standard requirements for approval.

The court needed to determine whether the collective agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement was genuinely an enterprise agreement, had been negotiated in good faith, and complied with the provisions of the Act. The court also considered whether the agreement contained terms that were consistent with the principles of the national workplace relations system.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and had been negotiated in good faith. The Commission noted that the agreement contained terms that were consistent with the principles of the national workplace relations system and did not contain any terms that were inconsistent with public policy. The Commission approved the agreement, finding that it met all the requirements for approval under the Fair Work Act.

The Commission's decision was that the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Cladding Creations Pty Ltd for the period 2018-2019 was approved. The agreement was deemed to be a genuine enterprise agreement, negotiated in good faith, and compliant with the Fair Work Act. The Commission's approval of the agreement ensured that the terms and conditions of employment for the employees of Cladding Creations Pty Ltd were protected under the national workplace relations system.

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