DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1457)

METRO FACADES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2017

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

[1] An application has been made for approval of a greenfields agreement known as the Metro Facades Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 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 16 May 2017. 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 for approval of a collective agreement between Metro Facades Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2019. The CFMEU sought approval of the agreement, which had been negotiated and signed by the parties, under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly in relation to its compliance with the relevant provisions of the Act and the Fair Work Regulations 2009.

The central legal issues before the Commission were whether the agreement was a genuine bargain, whether it contained provisions that met the minimum standards required by law, and whether the agreement complied with the procedural requirements for approval. The Commission needed to determine whether the agreement was negotiated in good faith and whether it contained terms and conditions that were not less favourable than the applicable award or safety net. Additionally, the Commission had to consider whether the agreement was properly certified by an independent certifier and whether the requisite procedural steps had been followed.

In its decision, the Commission found that the agreement was a genuine bargain and contained terms and conditions that met the minimum standards. The Commission noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach a compromise. The Commission also found that the agreement was certified by an independent certifier and that the necessary procedural steps had been followed. Consequently, the Commission approved the collective agreement, finding it to be compliant with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission approved the Metro Facades Pty Ltd and CFMEU Union Collective Agreement 2015-2019, recognising it as a genuine bargain and in compliance with the minimum standards under the Fair Work Act 2009.

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