DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7133)

CIVION INTERIORS PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2019

Application for approval of the Civion Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Civion Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018 (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 30 January 2019. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting as the employer association, sought approval of the Civion Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018. Civion Interiors Pty Ltd, the employer, and the union, the respondent, were the parties to the agreement. The Fair Work Commission was the tribunal tasked with deciding whether the agreement met the criteria for registration under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement contained the required provisions, including minimum wages and conditions, and whether it complied with the good faith bargaining requirement.

The Commission began by examining the agreement's provisions to determine if they met the minimum standards set by the Fair Work Act. The agreement provided for wages and conditions that were at least equal to the applicable awards and national employment standards, satisfying this requirement. The Commission then assessed whether the agreement was the product of genuine bargaining between the parties. The evidence presented indicated that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions and negotiations. Based on this analysis, the Commission concluded that the agreement met the criteria for registration.

In light of the findings, the Fair Work Commission approved the Civion Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The decision confirmed that the agreement contained the necessary provisions and was the outcome of genuine bargaining, thus meeting the requirements of the Fair Work Act. This approval ensures that the agreement can be registered and will govern the employment conditions for the employees of Civion Interiors Pty Ltd under the terms negotiated with 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