DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/640)

CEILCON AND CFMEU (WA) CEILING FIXER ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Ceilcon and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ceilcon and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 (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.

[2] 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.

[3] 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.

[4] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 1 June 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Ceilcon and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020, brought before the Fair Work Commission. The agreement in question was negotiated between Ceilcon WA Pty Ltd, an employer, and the Construction, Forestry, Mining and Energy Union (WA Branch), a trade union representing workers in the ceiling fixing industry. The primary dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval under Australian labour law, specifically whether it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission had to determine if the enterprise agreement satisfied the requirements set out in the Fair Work Act 2009. This involved assessing whether the agreement included terms that were procedurally and substantively fair. Procedural fairness required the court to examine if the agreement was genuinely negotiated and if the process was conducted in good faith. Substantive fairness required the court to consider whether the terms and conditions of employment within the agreement were fair and reasonable, taking into account factors such as the needs of the business, the nature of the work, and the interests of the employees.

In its decision, the Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The court held that the agreement was the product of genuine negotiations between the parties and was thus procedurally fair. Furthermore, the court found that the terms and conditions outlined in the agreement were fair and reasonable, considering the specific circumstances of the ceiling fixing industry and the interests of the employees. Consequently, the application for approval was successful, and the agreement was approved as a registered instrument. The Fair Work Commission also noted that the agreement provided a balanced approach, accommodating both the needs of the business and the rights of the employees.

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