Concept Cabinets Pty Ltd

[2018] FWCA 889

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Concept Cabinets Pty Ltd

(AG2017/6252)

Concept Cabinets Pty Ltd Enterprise Agreement 2017 - 2021

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Concept Cabinets Pty Ltd Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Concept Cabinets Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concept Cabinets Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 9 February 2018 and, in accordance with s.54, will operate from 16 February 2018. The nominal expiry date of the Agreement is 9 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Concept Cabinets Pty Ltd, sought approval of the Enterprise Agreement 2017-2021 from the Fair Work Commission, which was opposed by the respondent, the Building and Construction General On-Site Workers Union. The dispute centred around the terms and conditions of employment within the company and the appropriate role of the union in these negotiations. The matter was heard by the Fair Work Commission.

The primary legal issue was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. The union argued that the agreement unfairly disadvantaged employees by reducing their rights and entitlements, and that the process of negotiation was not genuine. The company maintained that the agreement was fair, necessary for the business to remain competitive, and that the negotiation process was legitimate and transparent.

The Commission found that the agreement was fair and appropriate, taking into account the need for the business to remain viable and competitive. The Commission emphasised the importance of genuine negotiation and considered that the process had been transparent and inclusive. The union's concerns about the potential impact on employee rights were acknowledged, but the Commission concluded that the agreement did not unjustifiably disadvantage employees. The application was approved, and the union's objections were dismissed.

The Fair Work Commission approved the Enterprise Agreement 2017-2021, rejecting the union's objections. The decision highlighted the importance of a fair and transparent negotiation process and the need to balance the interests of both employers and employees. The Commission's ruling recognised the necessity for businesses to remain competitive while ensuring that employees' rights and entitlements were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established