DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1291)

ATF SUPERIOR WALLS & CEILINGS (QLD) TRUST T/A SUPERIOR WALLS & CEILINGS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2016

Application for approval of the ATF Superior Walls & Ceilings (QLD) Trust T/A Superior Walls & Ceilings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ATF Superior Walls & Ceilings (QLD) Trust T/A Superior Walls & Ceilings (QLD) 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 6 June 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 (CFME) sought approval of an enterprise agreement with ATF Superior Walls & Ceilings (QLD) Trust T/A Superior Walls & Ceilings (QLD) Pty Ltd under the Fair Work Act 2009. The parties had reached an agreement on the terms of the collective agreement, but it was necessary for the Fair Work Commission to assess whether the agreement met the criteria for approval under the Act. The dispute was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it was in the interests of the employees. This included assessing whether the agreement contained the necessary provisions, whether it was free from prohibited content, and whether it was negotiated in good faith. The Commission also had to determine if the agreement would have a beneficial effect on the employees and the overall workplace.

The Commission found that the agreement met all the necessary criteria for approval under the Fair Work Act. The agreement contained all the required provisions and was free from prohibited content. The Commission was satisfied that the agreement had been negotiated in good faith and that it would have a beneficial effect on the employees. The agreement was approved, and the Commission made orders to that effect.

The Fair Work Commission approved the enterprise agreement between the CFMEU and ATF Superior Walls & Ceilings (QLD) Trust T/A Superior Walls & Ceilings (QLD) Pty Ltd. The agreement was found to meet all the necessary criteria under the Fair Work Act, and the Commission was satisfied that it would have a beneficial effect on the employees. The Commission made orders approving the agreement, which will now be in effect for the period 2015 to 2019.

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