DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6693)

FINE LINE COMMERCIAL INTERIOR LINING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2018

Application for approval of the Fine Line Commercial Interior Lining Pty Ltd and CFMMEU 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 Fine Line Commercial Interior Lining Pty Ltd and CFMMEU 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 28 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Fine Line Commercial Interior Lining Pty Ltd, represented by its director, applied to the Fair Work Commission for approval of the Collective Agreement with the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018 to 2019. The Union, represented by a certified organiser, supported the application. The dispute arose from the negotiation of a new agreement between the employer and the Union, leading to the application for approval by the Commission. The Fair Work Commission, led by Commissioner McCabe, was tasked with determining whether the application met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the proposed agreement was a "good faith" agreement, as required by section 235 of the Fair Work Act. This required consideration of whether the agreement was made without coercion and whether it met the "better off overall test" as stipulated in section 235(2). The Commission also had to ensure that the agreement complied with the relevant provisions of the Act, including the prohibition against forced labour, and whether it adhered to the industrial instrument registration standards.

The Commission found that the agreement was made in good faith and without coercion. It was noted that the negotiations were conducted transparently, with both parties engaging in discussions and reaching a mutually beneficial outcome. The Commission also determined that the agreement met the "better off overall test," as it provided benefits to the employees that outweighed any disadvantages. Furthermore, the Commission confirmed that the agreement complied with all relevant provisions of the Act, including the prohibition against forced labour. The Commission approved the application, finding that the agreement was fair and reasonable, and in compliance with the legislative requirements.

The final orders of the Commission were that the Collective Agreement between Fine Line Commercial Interior Lining Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018 to 2019 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be effective from the date of registration, and both parties were required to comply with the terms of the agreement. The Commission's decision provided clarity and certainty for both the employer and the Union, ensuring that the agreement met the necessary legal standards for approval.

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