Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 6660

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5905)

Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Choice Ceilings (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard and determined by the Fair Work Commission, an independent statutory body with jurisdiction to resolve workplace disputes and approve certain agreements.

The primary legal issues before the Commission were whether the collective agreement provided for the terms and conditions of employment in a fair and reasonable manner and whether it adhered to the statutory requirements for approval. Specifically, the Commission had to consider if the agreement was genuinely negotiated, provided for a safety net of minimum terms and conditions, and was in the best interests of the employees. The Commission also had to determine whether the agreement allowed for genuine flexibility and avoided unnecessary complexity while ensuring that the rights and obligations of the parties were clearly set out.

In reaching its decision, the Fair Work Commission examined the content of the agreement, the process by which it was negotiated, and the extent to which it met the statutory requirements. The Commission found that the agreement had been genuinely negotiated between the parties and provided for a safety net of minimum terms and conditions. The Commission also concluded that the agreement was in the best interests of the employees and did not contain unnecessary complexity, while allowing for genuine flexibility. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission's final order was the approval of the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018, subject to the terms and conditions set out in the agreement. This decision confirmed that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and could be implemented as a binding framework for the employment relationship between the parties.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established