DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1133)

Y H LNTERIORS GROUP PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2020

Application for approval of the Y H lnteriors Group Pty. Ltd. / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Y H lnteriors Group Pty. Ltd. / CFMEU Collective Agreement 2019-2022 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Y H Interiors Group Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was made under the Fair Work Act 2009, seeking the Commission's approval of the agreement to ensure it met the legislative requirements for a valid and enforceable enterprise agreement.

The key legal issues addressed by the Commission included whether the agreement had been made in good faith, whether it provided for the simplification and clarification of terms and conditions of employment, and whether it was compliant with the provisions of the Fair Work Act. Additionally, the Commission needed to determine if the agreement adequately covered the necessary minimum terms and conditions as stipulated by the Act.

In examining these issues, the Commission considered the process through which the agreement was negotiated, the content of the agreement itself, and the views of the parties involved. The Commission found that the negotiation process had been conducted in good faith, and the agreement was comprehensive and covered the required minimum terms and conditions. The Commission also noted that the agreement provided for simplification and clarification of employment terms, which aligned with the objectives of the Act. Consequently, the Commission approved the collective agreement, finding it to be in compliance with all relevant legal requirements.

The Fair Work Commission's final order was to approve the Y H Interiors Group Pty. Ltd. / CFMEU Collective Agreement 2019-2022, deeming it valid and enforceable under the Fair Work Act 2009. This decision provided certainty to the parties involved and ensured that the agreement would govern the employment terms and conditions for the specified period.

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