DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1703)

LININGS PTY LTD T-AS CUSTOM CEILINGS/ CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Linings Pty Ltd t-as Custom Ceilings/ CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linings Pty Ltd t-as Custom Ceilings/ CFMEU Collective Agreement 2016 - 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and Linings Pty Ltd trading as Custom Ceilings. The dispute centred around the approval of the CFMEU Collective Agreement 2016-2017, which was to be applied to the employees of Custom Ceilings. The case was heard by the Fair Work Commission of Australia. The primary legal issue before the Commission was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly sections that pertain to the fairness and appropriateness of the agreement.

The Commission examined whether the agreement met the ‘better off overall test’ under section 233 of the Fair Work Act, which mandates that an employee must be no worse off financially and, ideally, better off overall when compared to their previous conditions. The Commission also assessed if the agreement adhered to other statutory provisions, such as those addressing minimum wages, maximum weekly hours, and the inclusion of appropriate employee protections and benefits. Furthermore, the fairness and reasonableness of the agreement's terms were evaluated to ensure they did not undermine the rights of either party.

In its decision, the Commission found that the proposed agreement did meet the necessary statutory criteria and was fair and reasonable. The agreement was approved as it provided employees with better wages and conditions compared to their previous terms and was deemed to be in the best interests of both the employees and the employer. The Commission also highlighted the importance of maintaining a balance between the rights of employers and employees, ensuring that the agreement served as a fair and effective framework for industrial relations. The Commission's decision was grounded in a thorough analysis of the agreement's terms, ensuring compliance with the Fair Work Act and the broader principles of industrial fairness.

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