DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6945)

SPEEDY CEILINGS & PARTITIONS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the Speedy Ceilings & Partitions Pty Ltd/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Speedy Ceilings & Partitions Pty Ltd/ CFMEU Collective 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 15 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Speedy Ceilings & Partitions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction to approve, modify, or reject enterprise agreements.

The primary legal issues the Commission had to resolve were whether the collective agreement was a genuine enterprise agreement, whether it provided for proper bargaining, and if it met the requirements set out in the Fair Work Act. The Commission had to ensure that the agreement was not disadvantageous to the employees and that it included appropriate dispute resolution mechanisms. Additionally, the Commission had to verify that the agreement was made in good faith and complied with all procedural requirements.

In its decision, the Fair Work Commission found that the collective agreement was indeed a genuine enterprise agreement. The Commission noted that there was evidence of proper bargaining processes, and that the agreement did not result in any significant disadvantage to the employees. The Commission also confirmed that the agreement included appropriate dispute resolution mechanisms, and that it complied with all procedural requirements under the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and met all statutory requirements.

The Fair Work Commission approved the Speedy Ceilings & Partitions Pty Ltd/CFMEU Collective Agreement 2018. The Commission issued its approval, subject to the agreement being registered with the Fair Work Registry. The Commission's decision ensures that the terms of the collective agreement will be legally binding and enforceable, providing a framework for the relationship between the employer and the employees represented by the CFMEU.

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