DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cubic Interiors Western Australia Pty Ltd
(AG2020/3431)

CUBIC INTERIORS WESTERN AUSTRALIA PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 DECEMBER 2020

Application for approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement). The application was made by Cubic Interiors Western Australia Pty Ltd 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 the Construction, Forestry, Maritime, Mining and Energy Union is 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] I note that clauses 19.7 (a) and 41.6 (a)(i) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2020. The nominal expiry date of the Agreement is 30 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission recently considered an application for the approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020. The application was made by the CFMEU (WA), representing the employees of Cubic Interiors Western Australia Pty Ltd, who are engaged in the construction of the 1 The Esplanade Project. The dispute centred on whether the terms of the proposed agreement were consistent with the relevant legislative provisions and met the criteria for approval under the Fair Work Act 2009.

The legal issues the Commission was required to decide included whether the agreement provided for a fair and efficient system for determining employment terms and conditions, whether it met the requirements for independent assessment, and whether it was in the best interests of the employees. The Commission also considered whether the agreement was consistent with the Australian Council of Trade Unions’ (ACTU) National Framework for Enterprise Agreements and whether it contained terms that were not reasonably necessary for the protection of the employees' interests.

In reaching its decision, the Commission examined the proposed agreement in detail, taking into account submissions from both parties and relevant legislative provisions. The Commission found that the agreement provided for a fair and efficient system for determining employment terms and conditions, met the requirements for independent assessment, and was in the best interests of the employees. The Commission also found that the agreement was consistent with the ACTU’s National Framework for Enterprise Agreements and did not contain terms that were not reasonably necessary for the protection of the employees' interests.

As a result, the Fair Work Commission approved the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020, effective from 1 September 2020. This decision provides certainty for the parties involved in the construction of the 1 The Esplanade Project and ensures that the employees of Cubic Interiors Western Australia Pty Ltd are protected by a fair and efficient enterprise agreement.

Cubic Interiors Western Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established