On 17 March 2006, the CFMEU filed an application to appeal against the decision of Commissioner Hoffmann of 10 March 2006 to certify an agreement made between the company and its employees. The union’s appeal contended that the procedures required for certification of a valid agreement had not been followed.
In the appeal, Superior Walls conceded that all required procedures had not been properly complied with and on 4 April 2006, the Full bench quashed the certification of the agreement.
Original Case Details
| Case Number: |
C2006/2174 & C2006/3602 |
| Applicant: |
Superior Walls and Ceilings (represented by the MBAQ) |
| Respondent: |
Federal CFMEU, Queensland branch of CFMEU |
| Before: |
Commissioner Hoffman, AIRC, Brisbane |
| Hearing Date: |
10 March 2006 |
| Intervention filed on: |
10 March 2006 |
Following the successful negotiation of an employer/employee agreement under s.170LK of the
Workplace Relations Act 1996, Superior Walls and Ceilings Pty Ltd invited its employees to vote on the agreement and then applied to the AIRC to have the agreement certified.
In the meantime, the CFMEU served several notices to take protected industrial action commencing Friday 10 March 2006. Superior Walls and Ceilings Pty Ltd applied to the AIRC for an order pursuant to s.127 to prevent the industrial action. The AIRC adjourned the s.127 proceedings to hear the application for certification of the agreement. The CFMEU challenged the validity of the agreement-making process undertaken by Superior Walls and Ceilings Pty Ltd.
The ABCC, having attended at the relevant sites to act as an independent observer during the voting process, intervened in the proceedings and made submissions as to the validity of the voting process. The AIRC certified the agreement. With a valid certified agreement in place, the CFMEU undertook to withdraw its notices and stop the industrial action.