Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8441)

Textured Design Group Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2021

Application for approval of the Textured Design Group Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Textured Design Group Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 30 November 2021 and, in accordance with s 54, will operate from 7 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought the court's approval of an enterprise agreement between the Textured Design Group Pty Ltd and the Manufacturing Division of the CFMMEU. The agreement was reached on 13 January 2021, covering employees in the manufacturing industry who are members of the union. The union argued that the agreement was appropriate for registration under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the criteria for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. The court examined whether the agreement was made in good faith and free from coercion, whether it contained the necessary minimum terms and conditions of employment, and whether it complied with any applicable award or registered agreement. Additionally, the court assessed whether the agreement included provisions that were unfair or discriminatory, or whether it failed to provide for the resolution of disputes.

In delivering its decision, the court found that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement was made in good faith and without coercion. The agreement contained the required minimum terms and conditions, and it did not include any unfair or discriminatory provisions. Furthermore, the court determined that the agreement did not contravene any applicable award or registered agreement and included appropriate mechanisms for the resolution of disputes. Based on these findings, the court approved the enterprise agreement.

The court's final order was the approval of the Textured Design Group Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021. The agreement was approved as meeting the necessary criteria under the Fair Work Act 2009, and it was registered accordingly. The decision ensures that the terms and conditions of employment for the affected employees are governed by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established