DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5317)

FACADE INSTALLERS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Facade Installers Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the Facade Installers Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 2 November 2015. 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Facade Installers Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The Facade Installers Pty Ltd, represented by its employer, contested the application, raising concerns about the agreement's provisions, particularly those related to wage increases and other employment terms. The dispute centred on whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the collective agreement contained any provisions that were contrary to the public interest or contrary to the objects of the Fair Work Act. Additionally, the court needed to determine whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Key points of contention included the wage increases stipulated in the agreement, the definition of employee entitlements, and the processes for resolving disputes between the employer and employees.

In delivering the decision, the court thoroughly examined the provisions of the collective agreement against the statutory framework provided by the Fair Work Act. The court considered the fairness and efficiency of the agreement, taking into account the bargaining power of the parties and the potential impact on the workplace. The court found that while some provisions raised valid concerns, the overall agreement did not contravene the public interest or the objectives of the Fair Work Act. The court approved the agreement, subject to certain conditions aimed at ensuring compliance with statutory requirements.

The final orders of the court were that the Facade Installers Pty Ltd and CFMEU Union Collective Agreement 2015-2019 be approved, with the condition that any disputes arising from the agreement must be resolved in accordance with the Fair Work Act. The court mandated that the employer and union ensure that all terms of the agreement are implemented in good faith and in compliance with all relevant employment laws.

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