DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6704)

SUPERIOR WALLS & CEILINGS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2019

Application for approval of the Superior Walls & Ceilings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Superior Walls & Ceilings (QLD) 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 Superior Walls & Ceilings (QLD) Pty Ltd, dated 2018-2019. The agreement was subject to scrutiny to ensure it met the legal requirements under the Fair Work Act 2009, particularly in terms of its fairness, effectiveness, and compliance with minimum standards.

The primary legal issues centred on whether the agreement was made in good faith, provided for fair terms and conditions, and aligned with the statutory minimum standards. The CFMEU argued that the agreement was the result of genuine collective bargaining and that it offered fair and reasonable terms for the employees. Conversely, the employer contested the agreement, asserting that it imposed onerous and financially burdensome obligations that could potentially harm the business.

The Fair Work Commission assessed the evidence presented by both parties and examined the terms of the agreement. The Commission determined that the agreement was made in good faith, contained terms that were fair and reasonable, and did not contravene the statutory minimum standards. The decision was based on the Commission's satisfaction that the terms of the agreement reflected a genuine attempt to balance the interests of both the employer and employees. The application for approval of the collective agreement was therefore granted.

The Fair Work Commission issued an order approving the Superior Walls & Ceilings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019, recognising it as a registered agreement under the Fair Work Act 2009. The decision confirmed the validity and enforceability of the agreement, providing certainty and stability for both the employer and the employees covered by the agreement.

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