DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2103)

FINE TOUCH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2018

Application for approval of the Fine Touch Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fine Touch 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 8 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) filed an application with the Fair Work Commission for the approval of the Fine Touch Pty Ltd / CFMEU Collective Agreement 2018. The application was heard by Commissioner Scanlan. The primary focus of the application was to ensure that the agreement met the legal requirements for approval under the Fair Work Act 2009, including compliance with the principles of genuine bargaining and the avoidance of undue coercion or pressure.

The legal issues before the Commission were whether the agreement was the product of genuine bargaining between the parties, and whether it complied with the statutory requirements for approval under the Fair Work Act. The CFMEU argued that the agreement was a product of genuine bargaining, while Fine Touch Pty Ltd contended that the process was flawed and did not meet the necessary legal standards. The Commission had to assess the evidence and determine whether the agreement was genuinely negotiated and free from undue influence or coercion.

After examining the evidence presented by both parties, the Commission found that the agreement was the product of genuine bargaining and did not contain any terms that were contrary to public policy or the spirit of the Act. Commissioner Scanlan concluded that the process leading to the agreement was fair and did not involve any undue pressure or coercion. The agreement was therefore approved as meeting the legal requirements for registration under the Fair Work Act. The Commission's decision was based on the evidence that the bargaining process was conducted in good faith and that the agreement reflected the genuine terms agreed upon by both parties.

The Fair Work Commission approved the Fine Touch Pty Ltd / CFMEU Collective Agreement 2018, finding that it was the product of genuine bargaining and met the legal requirements for registration under the Fair Work Act. The agreement was registered, allowing it to take effect and be binding on the parties involved.

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