DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division
(AG2020/2920)

OCTEROS CABINETS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Octeros Cabinets (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Octeros Cabinets (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (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-Construction and General Division. 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 16 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, and Octeros Cabinets (NSW) Pty Ltd were the parties in this matter. The Union brought an application for the approval of a collective agreement between the two parties for the period 2019-2022. The Fair Work Commission was the court in this matter. The legal issues for the court to decide were whether the agreement complied with the relevant legislative requirements and if it met the criteria for being a protected action ballot under the Fair Work Act 2009.

The court found that the agreement complied with the legislative requirements and that it was appropriate to approve it. The court considered the provisions of the agreement, the bargaining power of the parties, and the process by which the agreement was negotiated. The court found that the agreement was negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The court also found that the agreement contained provisions that were no less favourable than the applicable awards and that it met the criteria for being a protected action ballot.

The court approved the agreement and made an order that it be registered with the Fair Work Commission. The court noted that the agreement contained provisions for dispute resolution and that the parties had agreed to use the Fair Work Commission’s conciliation and arbitration services if a dispute arose. The court also noted that the agreement contained provisions for the protection of employees’ rights and that it provided for a fair and reasonable outcome for both parties.

The final order of the court was that the Octeros Cabinets (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved and registered with the Fair Work Commission. The court found that the agreement met the requirements of the Fair Work Act 2009 and that it was in the best interests of both parties. The court also found that the agreement provided for a fair and reasonable outcome for employees and employers and that it would promote industrial peace and harmony.

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established