DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1909)

EXCLUSIVE LININGS AND CFMEU (WA) CEILING FIXER ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2018

Application for approval of the Exclusive Linings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Exclusive Linings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 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) sought approval of the Exclusive Linings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The dispute was heard in the Fair Work Commission, where the union argued that the agreement met the criteria for registration under the Fair Work Act 2009. The employer contested the application, raising concerns about the fairness and compliance of the agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements for registration. This included assessing whether the agreement was genuinely a product of genuine bargaining, whether it contained provisions that complied with the Fair Work Act, and whether it met the genuine agreement criteria. The Commission also had to consider the employer’s concerns about specific provisions in the agreement that might affect the terms and conditions of employment.

The Commission found that the agreement was genuinely a product of genuine bargaining and contained provisions that complied with the Fair Work Act. The Commission noted the evidence provided by the union, which demonstrated that the agreement was the result of proper negotiation processes. It was determined that the agreement met the criteria for registration, and the Commission approved the agreement. The employer's concerns about specific provisions were addressed, and it was found that the agreement did not contain any unfair or unreasonable terms.

The Fair Work Commission approved the Exclusive Linings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020, affirming its compliance with the Fair Work Act. The decision underscored the importance of genuine bargaining in the formation of enterprise agreements and the need for agreements to meet the statutory criteria for registration. The Commission's ruling provided clarity on the application of the Act to the specific provisions of the agreement in question.

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