DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5985)

CHOICE CEILINGS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 NOVEMBER 2015

Application for approval of the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 1 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFME), the Fair Work Commission (FWC) was asked to approve a collective agreement between Choice Ceilings (NSW) Pty Ltd and the CFMEU for the period 2015 to 2017. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically those related to employment practices, wages, and working conditions within the ceiling installation industry. The FWC, as the Australian industrial relations tribunal, was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and was fair and reasonable in the context of the industry.

The primary legal issues before the FWC were whether the terms of the collective agreement met the criteria for approval under the Fair Work Act, and whether they were fair and reasonable. The FWC considered whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Act, including those relating to good faith bargaining and the avoidance of unprotected industrial action. The FWC also needed to assess the overall fairness of the agreement, taking into account the nature of the industry, the bargaining power of the parties, and the interests of the employees.

After thorough consideration of the arguments and evidence presented by both parties, the FWC determined that the terms and conditions of the collective agreement were fair and reasonable. The FWC found that the agreement complied with the Fair Work Act and represented a fair outcome for both employers and employees. The FWC emphasised that the agreement provided for a balanced approach to employment practices, wages, and working conditions, and that it was the product of good faith bargaining between the parties. Consequently, the FWC approved the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2017, providing a framework for the relationship between the employer and employees 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