DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5856)

DUX STUDIO PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the Dux Studio Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Dux Studio Pty Ltd and CFMEU Union Collective Agreement 2018 - 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-Queensland Branch. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Queensland Branch sought approval for a collective agreement with Dux Studio Pty Ltd, covering the period from 2018 to 2022. The application was brought before the Commission to ensure that the agreement met the requirements of the Fair Work Act 2009 and that it was appropriate for the workforce involved. The primary concern of the CFMEU was that the agreement provided fair and reasonable terms and conditions for its members working under the agreement.

The key legal issues before the Commission were whether the agreement complied with the statutory provisions of the Fair Work Act, including provisions regarding enterprise bargaining, minimum entitlements, and procedural fairness. The Commission also needed to assess whether the agreement was made in good faith and whether it provided a fair and reasonable outcome for the employees. The CFMEU argued that the agreement was fair and reasonable and met all statutory requirements. Conversely, Dux Studio Pty Ltd contended that certain provisions of the agreement were unfair and unreasonable, particularly those related to wage increases and working conditions.

The Commission considered the evidence and submissions from both parties, reviewing the terms of the agreement against the legal standards set by the Fair Work Act. The Commission found that the agreement contained provisions that were not fair and reasonable, particularly those that provided for wage increases that were significantly above industry standards and certain working conditions that were not justified. However, the Commission also noted that many of the provisions were fair and reasonable and provided for appropriate terms and conditions for the employees. Ultimately, the Commission determined that the agreement did not meet the statutory requirements for approval and rejected the application for approval. The Commission found that the agreement contained provisions that were not fair and reasonable and did not meet the statutory requirements for approval.

The Fair Work Commission rejected the application for approval of the collective agreement between Dux Studio Pty Ltd and the CFMEU Queensland Branch. The Commission found that the agreement contained provisions that were not fair and reasonable and did not meet the statutory requirements for approval. The Commission noted that the agreement provided for appropriate terms and conditions for the employees in many respects, but that certain provisions related to wage increases and working conditions were not justified. As a result, the agreement could not be approved and the parties would need to negotiate a new agreement that met the legal requirements.

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established