DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5592)

CLADDING CREATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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, Mining and Energy Union. 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, 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 26 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The matter was heard in the Fair Work Commission, which has the authority to approve, modify, or reject collective agreements under the Fair Work Act 2009. The dispute centred on whether the terms of the proposed agreement met the criteria for approval under the relevant legislation and whether the agreement was fairly negotiated and in the best interests of the employees.

The central legal issues before the Commission were whether the agreement contained terms that complied with the Fair Work Act, whether it was genuinely a product of genuine bargaining between the parties, and whether it was in the best interests of the employees. The Commission had to consider various aspects of the agreement, including its provisions on wages, hours of work, and other employment conditions. The CFMEU argued that the agreement was a fair reflection of the bargaining process and in the best interests of the employees, while Cladding Creations Pty Ltd contended that certain terms were not in line with the law or were not genuinely bargained.

After thorough examination of the evidence and submissions from both parties, the Commission found that the agreement was largely in compliance with the Fair Work Act and was a genuine product of bargaining. The Commission also determined that the agreement was in the best interests of the employees, considering the industry standards, the economic context, and the parties' bargaining positions. The Commission approved the agreement with some modifications to address minor issues that did not meet the legislative requirements.

The Fair Work Commission approved the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2015-2019, with certain modifications to ensure full compliance with the Fair Work Act. The modifications related to specific terms and conditions that did not meet the statutory requirements or were not genuinely bargained. The decision underscores the importance of ensuring that collective agreements are fair, legally compliant, and genuinely negotiated to serve the best interests of the employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established