DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Carpentry (Tas) Pty Ltd T/A All Carpentry Tasmania
(AG2017/6813)

ALL CARPENTRY (TAS) PTY LTD & CFMEU ENTERPRISE AGREEMENT 2017 - 2020

Tasmania
COMMISSIONER JOHNS	SYDNEY, 15 FEBRUARY 2018

Application for approval of the All Carpentry (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017 - 2020.

[1] On 21 December 2017 All Carpentry (Tas) Pty Ltd T/A All Carpentry Tasmania (Applicant) made an application for approval of the All Carpentry (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017 - 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Construction, Forestry, Mining and Energy Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 February 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved All Carpentry (Tas) Pty Ltd, trading as All Carpentry Tasmania, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the All Carpentry (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission (FWC). The core legal issues revolved around whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the process of its negotiation and the content of the agreement. The FWC had to determine if the agreement was genuinely negotiated and if it complied with the Fair Work (Registered Organisations) Act 2009.

The FWC examined the negotiation process and found that the agreement was genuinely negotiated between the parties. The FWC also considered the content of the agreement, including the terms and conditions, and concluded that it was fair and reasonable. The FWC acknowledged that some aspects of the agreement could be seen as potentially unfair, but ultimately determined that they did not outweigh the overall fairness of the agreement. The FWC held that the agreement was not contrary to public policy and was therefore eligible for registration.

Following its analysis, the FWC approved the enterprise agreement, finding it met the necessary criteria under the Fair Work Act. The agreement was registered, and the parties were bound by its terms for the period specified. The decision provided clarity on the negotiation and content requirements for enterprise agreements, reinforcing the importance of genuine negotiation and fair terms in the workplace.

All Carpentry (Tas) Pty Ltd T/A All Carpentry Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established