Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 3094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3231)

TRENDGOSA PTY LTD AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 SEPTEMBER 2023

Application for approval of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMMEU). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 25 September 2023 and, in accordance with s 54, will operate from 2 October 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2023. The union, represented by the Construction, Forestry, Maritime, Mining and Energy Union, sought to have the enterprise agreement ratified. The employer, Trendgosa Pty Ltd, did not oppose the application. The primary concern was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement was made in good faith, if it was appropriately certified, and whether it complied with the provisions of the Fair Work Act. The Commission had to determine if the agreement included all the mandated terms and conditions, and if it allowed for fair and effective bargaining between the parties. The union argued that the agreement was comprehensive and covered all necessary aspects as per the legislative requirements.

The Fair Work Commission found that the agreement was made in good faith and was appropriately certified. It determined that all mandated terms and conditions were included, and the agreement facilitated fair and effective bargaining. The Commission was satisfied that the union had properly represented its members in the negotiation process and that the employer had engaged in the bargaining in good faith. As a result, the Commission approved the enterprise agreement, ensuring that it would provide the necessary framework for the employment relationship between Trendgosa Pty Ltd and the CFMEU Manufacturing Division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established