DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/819)

INDUSTRY ROOFING PTY LTD T-AS INDUSTRY CLADDING & ROOFING / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Industry Roofing Pty Ltd t-as Industry Cladding & Roofing / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Industry Roofing Pty Ltd t-as Industry Cladding & Roofing / 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 5 April 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 applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Industry Roofing Pty Ltd trading as Industry Cladding & Roofing, sought approval of their collective agreement under the Fair Work Act 2009 from the Fair Work Commission. The dispute centred on the terms of the proposed agreement and whether it complied with the legislative requirements for approval. The Commission, presided over by Deputy President Harper, was tasked with determining these issues.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically sections 233 and 234, which outline the criteria for approving a certified agreement. The applicants argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not meet the legislative standards. The Commission had to assess whether the agreement adhered to the good faith bargaining principle, ensured procedural fairness, and was equitable in its terms and conditions.

In delivering the decision, Deputy President Harper examined the evidence and arguments presented by both parties. The Commission found that the agreement largely complied with the legislative requirements, although it made minor adjustments to certain provisions to ensure fairness and reasonableness. The decision emphasised the importance of maintaining a balance between the rights of employers and employees, and the need for agreements to reflect genuine bargaining outcomes. The outcome was that the agreement was approved with minor modifications, reflecting the Commission's commitment to upholding the principles of the Fair Work Act.

The final orders included the approval of the collective agreement with the specified modifications, ensuring that it met the necessary legal standards for fairness and reasonableness. The respondents were directed to implement the agreed-upon changes within the stipulated timeframe. This decision underscored the Commission's role in overseeing the approval process of collective agreements and its commitment to ensuring fair outcomes for all 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