Chapman Joiners Pty Ltd T/A Chapman Joiners

[2018] FWCA 3532

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Chapman Joiners Pty Ltd T/A Chapman Joiners

(AG2018/834)

Chapman Joiners Pty Ltd Enterprise Agreement 2017-2020

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 15 JUNE 2018

Application for approval of the Chapman Joiners Pty Ltd Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Chapman Joiners Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chapman Joiners Pty Ltd T/A Chapman Joiners. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 14 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chapman Joiners Pty Ltd T/A Chapman Joiners applied to the Fair Work Commission for the approval of the Chapman Joiners Pty Ltd Enterprise Agreement 2017-2020. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The primary dispute centred on whether the agreement adequately met the legal standards for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided for a fair and reasonable process for the resolution of workplace disputes, and whether it adhered to the statutory requirements for employee representation. A further issue was whether the agreement contained provisions that unfairly disadvantaged certain employees.

The Fair Work Commission examined the enterprise agreement provisions concerning dispute resolution and employee representation. The Commission found that the agreement provided for a fair and reasonable process for resolving workplace disputes, and that it adhered to the statutory requirements. The Commission also found that the agreement did not contain any provisions that unfairly disadvantaged certain employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Chapman Joiners Pty Ltd Enterprise Agreement 2017-2020, finding it met the legal standards for approval under the Fair Work Act 2009. The decision confirmed that the agreement provided for a fair and reasonable process for resolving workplace disputes and did not unfairly disadvantage any employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established