DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5862)

ABSOLUTE COMMERCIAL FITOUTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 FEBRUARY 2019

Application for approval of the Absolute Commercial Fitouts Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Absolute Commercial Fitouts 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). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed the CFMMEU that the Commission had a concern that the Agreement did not meet the requirements set out in s.190(3) of the Act.

[3] On 14 December 2018 undertakings were provided to the Commission by the CFMMEU, given by Mr Dale Little, Director of Absolute Commercial Fitouts Pty Ltd, the Employer covered by the Agreement. A copy of the undertakings is attached at Annexure A.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement. Section 190(4) of the Act is satisfied by the Applicant, the CFMMEU, having obtained the undertaking of the Employer covered by the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch, the applicant sought approval of a collective agreement between the union and Absolute Commercial Fitouts Pty Ltd. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission involved ensuring that the agreement did not contain any provisions that were contrary to public policy or that might undermine the provisions of the Fair Work Act, particularly those aimed at promoting cooperative workplace relations and protecting employees' rights.

The Commission considered the specific terms and conditions of the agreement, examining whether they provided fair and reasonable protections for employees while also ensuring that the employer had the flexibility to manage its business. The Commission evaluated the agreement against the benchmarks for approval set out in the Fair Work Act, focusing on whether the agreement promoted cooperative workplace relations, provided for efficient and productive workplaces, and protected the rights of employees. The Commission noted the absence of any contentious or potentially exploitative terms within the agreement and found that it provided adequate protections and benefits for the employees, while also allowing the employer to operate efficiently.

In reaching its decision, the Commission concluded that the collective agreement was fair and reasonable, and it approved the agreement. The Commission's reasoning was based on the understanding that the agreement balanced the interests of both the employer and the employees, without containing any provisions that would undermine the principles of the Fair Work Act. The Commission's approval of the agreement was a recognition of its potential to promote cooperative workplace relations and provide fair and reasonable protections for the employees of Absolute Commercial Fitouts Pty Ltd. The orders of the Commission were that the collective agreement be approved and registered under the Fair Work Act, effective from the date of the decision.

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