Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 6243

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5486)

Brighton Ceilings Pty Limited/CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Brighton Ceilings Pty Limited / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Brighton Ceilings Pty Limited / 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 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 court was an application for the approval of a collective agreement between Brighton Ceilings Pty Limited and the Construction, Forestry, Mining and Energy Union (CFME). The applicant, the CFMEU, sought approval of the agreement under section 234 of the Fair Work Act 2009 (Cth). The dispute arose from the employer's refusal to accept and implement the agreement, which had been negotiated in good faith by the union and the employer. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement met the statutory criteria for approval under section 234 of the Fair Work Act 2009. The court had to determine if the agreement contained only matters that could be the subject of a registered agreement, if the agreement was registered in accordance with the Act, and if the agreement was made in good faith. Furthermore, the court had to consider if the agreement contained any terms that were contrary to public policy or not in the best interests of the employees.

In delivering its judgment, the court found that the agreement met all the statutory criteria for approval. The court was satisfied that the agreement contained only matters that could be the subject of a registered agreement, was registered in accordance with the Act, and was made in good faith. The court also found that the agreement did not contain any terms that were contrary to public policy or not in the best interests of the employees. Consequently, the court approved the agreement under section 234 of the Fair Work Act 2009.

As a result of the court's decision, the Brighton Ceilings Pty Limited / CFMEU Collective Agreement 2017-2018 was approved and registered. The employer was required to implement the agreement, and the union was entitled to enforce the agreement against the employer. The court's approval of the agreement resolved the dispute between the parties and ensured that the employees were protected by the terms of the agreement.

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