DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3978)

FINE LINE COMMERCIAL INTERIOR LINING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 JULY 2016

Application for approval of the Fine Line Commercial Interior Lining Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Fine Line Commercial Interior Lining 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 3 August 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 matter involved an application for approval of a collective agreement between Fine Line Commercial Interior Lining Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was heard in the Fair Work Commission of Australia. The union sought approval of a collective agreement that would govern the employment terms and conditions of the workers in the specified period.

The central legal issue was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union had to demonstrate that the agreement was made in good faith and that it met the criteria for approval as set out in the Act. This included ensuring that the agreement did not unfairly disadvantage any party and that it provided for the appropriate bargaining and dispute resolution processes.

The Fair Work Commission considered the arguments presented by both parties and examined the terms of the collective agreement. The Commission found that the agreement was made in good faith and met the statutory criteria for approval. The Commission noted that the agreement included provisions for the appropriate bargaining and dispute resolution processes, and that it did not unfairly disadvantage any party. As such, the Commission approved the collective agreement.

The Fair Work Commission's decision was final and binding, and could not be appealed. The approved collective agreement would now govern the employment terms and conditions of the workers in the specified period, providing certainty and stability for both the union and the employer.

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