DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1804)

ASPIRE FACADES PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Aspire Facades 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 May 2018 and, in accordance with s.54, will operate from 29 May 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 matter before the Fair Work Commission was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the approval of a collective agreement entered into with Aspire Facades Pty Ltd for the period 2018-2019. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, and whether these terms complied with the relevant industrial legislation. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issues for the Commission to determine were whether the proposed collective agreement contained any terms that were contrary to the Fair Work Act 2009, and if the agreement was made in good faith and contained terms that were fair and reasonable. The CFMMEU argued that the agreement represented the best possible terms and conditions for their members, while Aspire Facades Pty Ltd contended that certain provisions were overly restrictive and potentially detrimental to their business operations.

In its decision, the Commission considered the principles of good faith bargaining and the need for fairness in the workplace. It examined the provisions of the agreement against the statutory framework and assessed whether the agreement promoted productivity, efficiency, and the economic prosperity of the parties involved. The Commission found that while some terms were stringent, they were necessary to protect the employees' interests and were not contrary to the Act. The Commission ultimately approved the agreement, acknowledging the need to balance the interests of both employers and employees.

The Fair Work Commission approved the Aspire Facades Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, subject to the terms and conditions as outlined in the decision. The agreement was deemed to be fair and reasonable, and in compliance with the Fair Work Act 2009. The decision underscores the importance of reaching agreements that reflect the needs and interests of both parties while adhering to the legislative requirements.

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