DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2011)

SHERWOOD INTERIORS UNIT TRUST T/A SHERWOOD INTERIORS PTY LTD AND CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 JULY 2020

Application for approval of the Sherwood Interiors Unit Trust t/a Sherwood Interiors Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sherwood Interiors Unit Trust t/a Sherwood Interiors Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 July 2020 and, in accordance with s.54, will operate from 3 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, known as the Sherwood Interiors Unit Trust t/a Sherwood Interiors Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020, was intended to govern the employment terms of employees in the manufacturing division of Sherwood Interiors Pty Ltd. The applicants argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment, in line with the objectives of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as set out in the Fair Work Act, including whether it was a genuine enterprise agreement, provided for fair and reasonable terms and conditions of employment, and was otherwise consistent with the objectives of the Act. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for approval, including proper notification and consultation processes.

The Commission found that the agreement was a genuine enterprise agreement and that it provided for fair and reasonable terms and conditions of employment. The agreement had been negotiated in good faith and was consistent with the objects of the Fair Work Act. The Commission also determined that the procedural requirements for approval had been met, as the agreement had been properly notified and consultation processes were conducted. Consequently, the Commission approved the agreement as it met all the necessary criteria and was in the best interests of the employees.

The Fair Work Commission approved the Sherwood Interiors Unit Trust t/a Sherwood Interiors Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020, recognising it as a genuine enterprise agreement that provided fair and reasonable terms and conditions of employment. The Commission's decision was based on the thorough negotiation process and compliance with the Fair Work Act and its procedural requirements. The approval of the agreement ensures that the employees of the manufacturing division of Sherwood Interiors Pty Ltd will be governed by the terms and conditions set out in the agreement, promoting fair and reasonable employment practices within the industry.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established