DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Shopfitters Pty Ltd
(AG2021/6459)

COMPLETE SHOPFITTERS ENTERPRISE AGREEMENT 2021

Clerical industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 AUGUST 2021

Application for approval of the Complete Shopfitters Enterprise Agreement 2021.

[1] Complete Shopfitters Pty Ltd has applied for approval of a single enterprise agreement known as the Complete Shopfitters Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Complete Shopfitters Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought to correct a typographical error in the original application, by filing an amended Agreement. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 19 August 2021 and, in accordance with s.54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 19 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Complete Shopfitters Pty Ltd, the respondent, applied for the approval of the Complete Shopfitters Enterprise Agreement 2021. The applicant, Fair Work Australia, sought approval of the agreement which was to govern the employment conditions of shopfitters employed by the respondent. The application was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically section 230, which mandates that an enterprise agreement must be certified as "free, voluntary and informed." The court needed to determine if the agreement was made without any coercion, if it was genuinely negotiated between the parties, and if the employees had a reasonable opportunity to be involved in the negotiation process. Additionally, the court had to ensure that the agreement complied with the good faith bargaining requirements set out in the Act.

The court considered the evidence provided by both parties, including the negotiation process and the manner in which the agreement was presented to the employees. It was determined that the negotiation process was fair and that the employees had an opportunity to be involved. The court was satisfied that the agreement was made without any coercion and that it complied with the requirements of the Act. The court found that the agreement was free, voluntary, and informed, and therefore approved the Complete Shopfitters Enterprise Agreement 2021.

The court approved the Complete Shopfitters Enterprise Agreement 2021, finding that it met all the statutory requirements for certification under the Fair Work Act 2009. The agreement was now legally binding on the respondent and its employees.

Complete Shopfitters 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