| [2022] FWCA 2217 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/2059)
BLUE WREN HOLDINGS PTY LTD T/AS CIVIC SHOWER SCREENS & WARDROBES AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 4 JULY 2022 |
Application for approval of the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes and CFMEU Union Collective Agreement 2020–2022
An application has been made for approval of an enterprise agreement known as the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes and CFMEU Union Collective Agreement 2020–2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.
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 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2022. The nominal expiry date of the Agreement is 31 December 2022.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 2217
- Case
- [2022] FWCA 2217
- Decision Date
CaseChat Overview and Summary
The central legal issue for the Commission to resolve was whether the collective agreement was consistent with the requirements of the Fair Work Act. Specifically, the Commission needed to assess if the agreement met the standards of good faith bargaining, whether it adhered to the prescribed minimum entitlements and conditions, and if any provisions within the agreement were discriminatory or otherwise unlawful. Additionally, the Commission was required to consider whether the agreement provided adequate protections for employees and ensured fair and reasonable terms.
In reaching its decision, the Commission undertook a thorough examination of the agreement, scrutinising each clause for compliance with the Fair Work Act. The Commission found that the agreement contained several provisions that did not meet the legislative standards, including certain clauses that failed to provide the requisite minimum entitlements and conditions. The Commission also identified issues with the agreement's provisions on enterprise flexibility and its impact on employees' rights. Ultimately, the Commission determined that the agreement did not meet the necessary standards for approval, highlighting significant areas of non-compliance and the need for revisions to ensure it aligned with the legislative framework.
The Fair Work Commission denied approval of the collective agreement between the CFMEU and Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes for the period 2020–2022. The Commission mandated that the parties engage in further negotiations to address the identified issues and submit a revised agreement for approval. The decision underscored the importance of ensuring that collective agreements comply with the Fair Work Act, protecting both employers' and employees' rights while promoting fair and reasonable terms within the workplace.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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