Australian Fire Door Company Pty Ltd Summary

[2014] FWCA 7059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Fire Door Company Pty Ltd
(AG2014/7096)

AUSTRALIAN FIRE DOOR COMPANY PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Australian Fire Door Company Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Fire Door Company Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Fire Door Company Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union the employee organisation to be covered by the agreement, 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.

[4] The Agreement was approved on 7 October 2014 and, in accordance with s.54, will operate from 14 October 2014. The nominal expiry date of the Agreement is 7 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Australian Fire Door Company Pty Ltd for the approval of an enterprise agreement. The applicant sought to have the Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 recognised as a valid enterprise agreement under the Fair Work Act 2009. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the agreement did not meet the requirements for an enterprise agreement. The dispute centred on whether the agreement had been fairly and genuinely negotiated and whether it contained the necessary minimum terms and conditions of employment.

The central legal issue was whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This involved examining the process by which the agreement was negotiated, the content of the agreement, and whether it included all the minimum terms and conditions specified by the Act. Additionally, the court had to consider whether the agreement was genuinely negotiated and whether it adhered to the principles of good faith bargaining. The applicant argued that the agreement met all necessary criteria, while the CFMEU contended that the process was flawed and that the agreement did not contain all the required minimum terms.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission examined the evidence presented by both parties and concluded that the process was fair and genuine. The content of the agreement was also found to comply with the requirements of the Act. The Commission determined that the applicant had demonstrated that the agreement was fairly and genuinely negotiated and that it met all statutory requirements for approval. Consequently, the Commission approved the agreement as a valid enterprise agreement under the Fair Work Act.

As a result of the Commission's decision, the Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 was approved as a valid enterprise agreement. The Commission's ruling confirmed that the agreement met all legal requirements and was genuinely negotiated. The decision ensures that the terms of the agreement are enforceable and that the parties are bound by its provisions. This outcome provides clarity and legal certainty for both the Australian Fire Door Company Pty Ltd and the CFMEU regarding the terms and conditions of employment under the approved agreement.

Australian Fire Door Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established