DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3002)

FACADE & ROPE ACCESS PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 JULY 2018

Application for approval of the Facade & Rope Access Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Facade & Rope Access 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). 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 24 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Facade & Rope Access Pty Ltd (FRA) jointly applied to the Fair Work Commission for approval of their 2018-2019 collective agreement. The CFMEU is a trade union representing workers in various industries, while FRA is a company operating in the facade and rope access sector. The primary dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement, specifically regarding wages, working conditions, and other employment-related matters. The application was heard by the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues that the Commission was required to decide centred around whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith, if it provided for a safety net of minimum terms and conditions, and if it met the criteria for being a "registered agreement." The Commission also needed to consider if the agreement unfairly disadvantaged any group of employees and if it provided adequate protections for employees, including those who were not members of the union.

The Fair Work Commission found that the proposed collective agreement complied with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith, provided for a safety net of minimum terms and conditions, and met the criteria for being a "registered agreement." The Commission found that the agreement did not unfairly disadvantage any group of employees and provided adequate protections for employees, including non-union members. The Commission approved the application and registered the 2018-2019 collective agreement between the CFMEU and FRA.

The Fair Work Commission's decision was based on its assessment of the proposed collective agreement against the legal criteria outlined in the Fair Work Act 2009. The Commission's approval of the agreement allows it to be enforced as a legally binding contract between the CFMEU and FRA, governing the employment terms and conditions of the workers represented by the union. The final orders of the Commission included the registration of the 2018-2019 collective agreement, which would be in effect for the specified period and would apply to all 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