Construction, Forestry, Maritime, Mining and Energy Union v Square Ceilings Pty Ltd

The Construction, Forestry, Maritime, Mining and Energy Union has initiated an appeal against decisions made by Commissioner Platt in two separate cases, [2020] FWCA 5290 and [2020] FWCA 5431, concerning Square Ceilings Pty Ltd. The cases were heard by the Federal Circuit Court in Adelaide on 2 and 13 October 2020. The primary dispute revolves around whether an industrial agreement was genuinely agreed upon and if the relevant undertakings were capable of acceptance.

The central legal issues before the court were whether the agreement between the union and the employer was genuinely negotiated and accepted by the parties, and if the undertakings made by the union were such that they could be accepted by the employer. The court had to determine if the Commissioner's findings were legally sound and if the agreement could be approved under the Fair Work Act.

The court found that the Commissioner had erred in his interpretation of the law and in his assessment of the evidence. It was held that the agreement had not been genuinely negotiated and agreed upon as required by law. Furthermore, the court found that the union's undertakings were not capable of acceptance as they did not meet the legal criteria for such undertakings. As a result, the permission to appeal was granted, and the appeal was upheld. The decisions to approve the agreement were quashed, and the application to approve the agreement was to be re-determined by the Full Bench of the Federal Circuit Court.