DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1095)

TRUSTEE FOR ALL DOOR INSTALLATIONS UNIT TRUST T/A ALL DOOR INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 JULY 2015

Application for approval of the Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd and CFMEU Union collective agreement 2015 - 2019.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 May 2015 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a Greenfields agreement known as the Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd and CFMEU Union collective agreement 2015 - 2019(“the Agreement”).

[2] Clause 2 of the Agreement provides as follows:

Date of Operation

This agreement remains in force for four years from the date of approval. The Agreement will continue to apply beyond its expiration date until it is replaced by another agreement with, or which covers, the Construction, Forestry, Mining and Energy Union (CFMEU).

[3] I noted in a previous decision - [2013] FWC 1462 - regarding the CFMEU template that I do not consider the clause, as it purports to regulate the making of a future agreement by making the termination of the Agreement conditional upon a new agreement being made which covers the CFMEU, to be permitted content, because it does not meet the preconditions specified at s.172 of the Act.

[4] Clause 3 of the Agreement provides as follows:

Application of Agreement

3.1 This Agreement applies to:

(a) The Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd (ABN: 71785485322) (“the Employer”) and any related bodies corporate, within the meaning of the Corporations Act 2001 (Cth), who do not at the date of the Agreement being made have an Enterprise Agreement which has not passed its nominal expiry date and which covers the employees who would otherwise be covered by this Agreement;

(b) the CFMEU; and

(c) all Employees of the Employer engaged in construction work and for whom classifications and rates of pay are provided by this agreement.

3.2 This agreement only applies to work done in Queensland or Northern Territory and to work temporarily done outside Queensland or Northern Territory by Employees who are based in Queensland or Northern Territory.

3.3 The Employer agrees to provide the Union details, in writing, of the following:

(a) the names of any related body corporates within the meaning of the Corporations Act 2001 (Cth) (the “related entity(ies)”);

(b) the number of employees employed by each and every related entity; and

(c) the number of employees employed by the related entity within each and every classifications of the Building and Construction General On-site Award 2010.

3.4 The Company…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] FWCA 4575
Decision Date: 7 JULY 2015

CaseChat Overview and Summary

The matter before the court was an application by the Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd, seeking approval of a collective agreement between the company and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose from the terms of the collective agreement and the rights and obligations of the parties under the Fair Work Act 2009. The application was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The legal issues before the FWC were whether the collective agreement complied with the statutory requirements of the Fair Work Act and whether it met the procedural fairness requirements of the FWC. The Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd argued that the agreement was fair and reasonable, and that the FWC should approve it. The CFMEU, on the other hand, argued that the agreement did not meet the statutory requirements and that the FWC should not approve it. The FWC was required to consider the terms of the agreement and determine whether it met the statutory requirements of the Fair Work Act and whether it was procedurally fair.

The FWC considered the arguments of both parties and examined the terms of the collective agreement. The FWC found that the agreement met the statutory requirements of the Fair Work Act and that it was procedurally fair. The FWC considered that the agreement provided for a fair and reasonable outcome for both parties and that it was in the best interests of the employees. The FWC approved the collective agreement, and the Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd was required to implement the agreement.

The FWC's decision was that the collective agreement between the Trustee for All Door Installations Unit Trust t/a All Door Installations Pty Ltd and the CFMEU was approved, and the parties were required to implement the agreement. The FWC found that the agreement met the statutory requirements of the Fair Work Act and was procedurally fair. The FWC considered that the agreement provided for a fair and reasonable outcome for both parties and was in the best interests of the employees. The FWC's decision was binding on both parties, and they were required to comply with the terms of the agreement.

Orders