Construction, Forestry, Mining and Energy Union T/A CFMEU

[2017] FWCA 6024

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union T/A CFMEU

(AG2017/4897)

Cubic Interiors NSW Pty Ltd/ CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Cubic Interiors NSW Pty Ltd / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Cubic Interiors NSW Pty Ltd / 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 the Construction, Forestry, Mining and Energy Union T/A CFMEU. 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 16 November 2017 and, in accordance with s.54, will operate from 23 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 involved an application for the approval of a collective agreement between Cubic Interiors NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union. The union sought approval for a collective agreement that was to cover employees of the company from 2017 to 2018. The primary issue before the court was whether the terms of the collective agreement complied with the relevant statutory provisions and if it could be approved by the Commission.

The court needed to consider several legal issues, including whether the agreement provided for the protection of employees' rights and entitlements, whether it adhered to the principles of good faith bargaining, and whether it was consistent with the overarching objectives of the Fair Work Act 2009. Additionally, the court needed to assess if the agreement contained any terms that were contrary to public policy or had the potential to undermine industrial harmony.

The Fair Work Commission, after reviewing the terms of the agreement, found that it met the necessary legal standards. The agreement provided adequate protections for employees, was negotiated in good faith, and did not contain any terms that were contrary to public policy. The Commission noted that the agreement contained provisions that ensured fair and reasonable terms of employment, including provisions for wages, conditions of work, and dispute resolution mechanisms. Consequently, the Commission approved the collective agreement, finding that it complied with the relevant statutory requirements and was in the best interests of the employees and the employer. The Commission issued an order approving the collective agreement between Cubic Interiors NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period from 2017 to 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established