DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2827)

WILSON FACADES FIXING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2018

Application for approval of the Wilson Facades Fixing Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Facades Fixing 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 13 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant, the Fair Work Commission was called upon to approve a collective agreement between the applicant union and Wilson Facades Fixing Pty Ltd. The applicant union sought approval for a collective agreement, which outlined the terms and conditions of employment for its members working for Wilson Facades Fixing Pty Ltd. The dispute centred on the enforceability of the proposed agreement and whether it met the criteria set out under the Fair Work Act 2009. The Fair Work Commission was tasked with examining the proposed agreement, ensuring it complied with relevant legislation, and determining whether it was in the best interests of the employees and the employer.

The primary legal issue the court had to address was whether the collective agreement satisfied the requirements of section 233 of the Fair Work Act 2009. This section requires that a registered organisation must apply to the Fair Work Commission for approval of a collective agreement, which must meet certain conditions to be approved. The court had to assess whether the agreement provided for the fair and efficient resolution of workplace issues, promoted harmonious, productive and cooperative workplace relations, and aligned with the principles of the national workplace relations system. Additionally, the court needed to determine if the agreement was consistent with the public interest.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail, considering the terms and conditions it contained. The Commission found that the agreement contained provisions that promoted harmonious and productive workplace relations, provided for the fair and efficient resolution of workplace issues, and aligned with the principles of the national workplace relations system. The Commission also considered whether the agreement was in the best interests of the employees and the employer. After careful consideration, the Commission determined that the agreement met the requirements of section 233 of the Fair Work Act 2009 and approved the collective agreement. The court's decision was based on the finding that the agreement provided for fair and efficient resolution of workplace issues, promoted harmonious, productive and cooperative workplace relations, and aligned with the principles of the national workplace relations system.

In conclusion, the Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Wilson Facades Fixing Pty Ltd. The Commission found that the agreement met the requirements of section 233 of the Fair Work Act 2009, as it provided for the fair and efficient resolution of workplace issues, promoted harmonious, productive and cooperative workplace relations, and aligned with the principles of the national workplace relations system. The decision serves as an important reminder of the importance of ensuring that collective agreements meet the criteria set out in the Fair Work Act 2009 and that they are in the best interests of both employees and employers.

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