DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6622)

LININGS PTY LTD T-AS CUSTOM CEILINGS / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the Linings Pty Ltd t-as Custom Ceilings / CFMEU Collective Agreement 2017-2018.

[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 2017-2018 (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 16 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application seeking approval for a collective agreement with Linings Pty Ltd trading as Custom Ceilings. The dispute arose from negotiations between the union and the employer concerning employment conditions for workers in the company's industry. The matter was heard by the Fair Work Commission, which has jurisdiction to approve, extend, and register agreements that meet the criteria set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was appropriate for the industry and workforce in question. The Commission needed to determine whether the agreement met the "better off overall test" and whether it contained provisions that were fair and reasonable in all aspects.

The Commission found that the agreement was fair and reasonable and met the better off overall test. It considered that the agreement provided for terms and conditions that were appropriate for the industry and workforce, and that it did not contain any provisions that were unfair or unreasonable. The Commission was satisfied that the agreement was in the best interests of the employees and that it would promote harmonious, productive, and cooperative workplace relations. The Commission approved the agreement and directed that it be registered.

The Commission's final orders included the approval and registration of the Linings Pty Ltd t/as Custom Ceilings/CFMEU Collective Agreement 2017-2018, with effect from 1 July 2017 to 30 June 2018. The agreement was to be registered with the Commission and would apply to all employees covered by the agreement during the specified period.

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