DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/388)

THE TRUSTEE FOR THE SYME WALLS & CEILINGS TRUST T/A SYME WALLS & CEILINGS AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 MARCH 2016

Application for approval of The Trustee for The Syme Walls & Ceilings Trust T/A Syme Walls & Ceilings and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as The Trustee for The Syme Walls & Ceilings Trust T/A Syme Walls & Ceilings and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, The Trustee for The Syme Walls & Ceilings Trust, trading as Syme Walls & Ceilings, applied to the Fair Work Commission for the approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed collective agreement, specifically those relating to the classification and remuneration of employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper classification and remuneration of employees, whether it was free from any sham or pretense, and whether it was otherwise consistent with the provisions of the Fair Work Act. The Commission had to ensure that the agreement did not undermine the principles of enterprise bargaining and that it was fair and reasonable in all its aspects. Additionally, the Commission had to consider whether the agreement complied with any relevant industry awards and whether it adhered to the standards set by the Fair Work Act.

The Commission found that the collective agreement provided for the proper classification and remuneration of employees and was free from any sham or pretense. It concluded that the agreement was consistent with the provisions of the Fair Work Act and did not undermine the principles of enterprise bargaining. The Commission also determined that the agreement complied with relevant industry awards and adhered to the standards set by the Fair Work Act. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the collective agreement between The Trustee for The Syme Walls & Ceilings Trust and the CFMEU, effective from 1 July 2014 to 30 June 2018. The approval was contingent upon the agreement being registered with the Australian Industrial Relations Commission, and it was to remain in force until terminated by either party in accordance with its provisions.

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