DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5003)

CUSTOM CEILINGS (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Custom Ceilings (ACT) 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 3 October 2018. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2018, brought before the Fair Work Commission. The dispute centred around the proposed agreement between Custom Ceilings (ACT) Pty Ltd, an employer in the construction industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made by the CFMEU, seeking the Commission's approval of the enterprise agreement to ensure it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement met the necessary criteria under the Fair Work Act for approval. Specifically, the Commission needed to determine if the agreement provided for the modern awards' minimum entitlements, if it was free from any prohibited content, and if it was certified by a certified agreement certificifier. Additionally, the Commission had to consider whether the agreement met the good faith bargaining test and if it was made in accordance with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission carefully examined the proposed agreement against the statutory requirements. It found that the agreement provided for the modern awards' minimum entitlements and did not contain any prohibited content. Furthermore, the Commission was satisfied that the agreement was certified by a certified agreement certificifier and was made in good faith. The Commission concluded that the agreement met all the necessary criteria for approval and thus granted the application. The decision was made on the basis that the agreement would benefit the employees by providing fair and reasonable terms of employment while also considering the legitimate interests of the employer.

The final orders of the Commission were to approve the Custom Ceilings (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2018, subject to the conditions specified in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Custom Ceilings (ACT) Pty Ltd as of the date of the decision. The Commission also noted that the agreement would remain in force until it was terminated or varied in accordance with its terms or by operation of law.

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