DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/990)

USHER AND SON COMMERCIAL COATINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Usher and Son Commercial Coatings 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. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will operate from 13 May 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, represented by its authorised delegate, sought approval of a collective agreement made between the union and Usher and Son Commercial Coatings Pty Ltd, for the period 2015 to 2019. The Commission was required to determine whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The union argued that the agreement was in the best interests of the employees and was made in good faith.

The key legal issues were whether the agreement was made in good faith and whether it was in the best interests of the employees. The union submitted that the agreement was made in good faith as it had engaged in genuine negotiations with the employer and had considered the interests of the employees. The union also submitted that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. The employer, Usher and Son Commercial Coatings Pty Ltd, did not oppose the application.

The Commission considered the evidence and submissions presented by the union and found that the agreement was made in good faith and was in the best interests of the employees. The Commission noted that the union had engaged in genuine negotiations with the employer and had considered the interests of the employees. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement met the criteria for approval under section 234 of the Fair Work Act 2009.

The Commission approved the Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The agreement is now legally binding on the employer and the employees covered by the agreement.

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