DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5335)

Q C INDUSTRIES (WA) PTY LTD AND CFMEU (WA) CEILING FIXER ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the Q C Industries (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Q C Industries (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Mining and Energy Union are 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 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 concerned the application for approval of the Queensland Ceiling Industries (WA) Pty Ltd and Construction, Forestry, Mining and Energy Union (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The dispute arose from the application filed by the union seeking endorsement of the agreement by the Commission, which would make it a legally binding instrument under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the requirements for approval as set out in the legislation, including the necessity to ensure that the agreement provides for fair and reasonable terms and conditions.

The legal issues that the Commission had to decide were primarily focused on whether the agreement satisfied the "better off overall test" (BOOT), which ensures that no employee is worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission considered whether the agreement complied with the provisions of the Fair Work Act, including its alignment with the national minimum standards, and whether it contained provisions that were fair and reasonable in all respects. The Commission also examined the process by which the agreement was negotiated to ensure it met procedural fairness requirements.

In reaching its decision, the Fair Work Commission determined that the agreement met the better off overall test, as it was shown that employees would not be worse off under the new terms. The Commission found that the agreement provided for fair and reasonable terms and conditions, and it did not contain any provisions that would undermine the national minimum standards or procedural fairness. The Commission also noted that the agreement was negotiated in good faith and that the process followed was fair and transparent. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements under the Fair Work Act.

The final orders of the Commission included the approval of the Queensland Ceiling Industries (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020, effective from the date of the decision. The agreement was endorsed as a legally binding instrument, and the Commission directed that it be registered with the Fair Work Commission. The decision confirmed that the agreement would govern the terms and conditions of employment for the employees covered by the agreement until its expiry or until superseded by a new agreement.

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