DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/473)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Cubic Interiors 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 March 2018. 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 parties to this matter were Cubic Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA Branch) (CFMEU). The dispute was about the approval of an enterprise agreement that would cover the period from 2016 to 2020. The Fair Work Commission (FWC) was the court that heard the case.

The legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically in terms of the procedural fairness and whether it contained any provisions that would undermine the right of employees to choose whether or not to be members of a trade union. The court was also required to consider if the agreement provided adequate protections for employees and whether it was in the best interests of the employees.

The FWC found that the enterprise agreement was procedurally fair and did not contain any provisions that would undermine the right of employees to choose whether or not to be members of a trade union. The court noted that the agreement provided adequate protections for employees and that it was in their best interests. The FWC approved the enterprise agreement and made orders accordingly.

The orders made by the FWC included the approval of the Cubic Interiors and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2016 until 30 June 2020. The FWC also ordered that the agreement would be binding on all employees covered by the agreement, as well as on Cubic Interiors Pty Ltd and the CFMEU.

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