DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5420)

ASPIRE FACADES (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2018

Application for approval of the Aspire Facades (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aspire Facades (NSW) 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 17 October 2018. 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Aspire Facades (NSW) Pty Ltd / CFMEU Collective Agreement 2018. The applicant union and the employer, Aspire Facades (NSW) Pty Ltd, had reached an agreement on various terms and conditions of employment. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was made and the fairness of its terms. The case was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and if the terms of the agreement were fair and reasonable. The Commission had to consider whether the agreement was genuinely made by the parties without any undue influence, coercion, or unfair pressure. Additionally, the Commission needed to determine if the terms of the agreement were fair and reasonable in all respects, taking into account the nature of the industry, the bargaining positions of the parties, and the broader economic context.

The Fair Work Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. The Commission determined that the process by which the agreement was negotiated and finalised was fair and appropriate, and that there was no evidence of undue influence or coercion. Regarding the fairness and reasonableness of the agreement's terms, the Commission concluded that the agreement provided a fair and reasonable outcome for both parties, considering the specific circumstances of the industry and the bargaining positions of the parties involved. The Commission approved the Aspire Facades (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

The Fair Work Commission approved the Aspire Facades (NSW) Pty Ltd / CFMEU Collective Agreement 2018, effective from 1 July 2018. The agreement was registered, and the parties were bound by its terms and conditions. This decision provided clarity and certainty for both the union and the employer regarding their employment relationship moving forward.

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