DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5860)

HILL INTERIOR LININGS 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 Hill Interior Linings Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hill Interior Linings 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

The case involves an application for approval of the collective agreement between Hill Interior Linings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch (CFMEU). The application was heard by the Fair Work Commission, an Australian federal statutory body with the power to regulate employment conditions. The CFMEU sought approval of the agreement, which covered employees of Hill Interior Linings Pty Ltd, a small business involved in interior lining works. The company contested certain provisions of the agreement, particularly those relating to wages, leave entitlements, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the provisions of the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the company argued that certain clauses in the agreement exceeded the bargaining power of the parties and were not in the best interests of the employees. The CFMEU, on the other hand, contended that the agreement fairly reflected the terms and conditions of employment for the workers and was consistent with the objectives of the Fair Work Act.

The Fair Work Commission considered the evidence presented by both parties and examined the relevant statutory provisions. The Commission found that the agreement generally met the legal requirements for approval. While some clauses were subject to minor modifications to ensure compliance with the Fair Work Act, the overall terms of the agreement were deemed to be fair and reasonable. The Commission emphasised the importance of maintaining a balance between the bargaining power of the parties and the protection of employees' interests. The CFMEU's arguments for the inclusion of certain provisions were accepted, and the company's objections were largely dismissed.

The Fair Work Commission approved the collective agreement with certain modifications to specific clauses. The decision highlights the Commission's role in ensuring that collective agreements comply with the Fair Work Act and serve the best interests of employees. The outcome underscores the importance of fair and reasonable terms in collective bargaining, while also acknowledging the need to balance the rights and obligations of employers and unions.

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