DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/897)

BORCOR CABINETS PTY LTD AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019-2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2020

Application for approval of the BorCor Cabinets Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the BorCor Cabinets Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2019-2020 (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.

[3] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2020. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the BorCor Cabinets Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2019-2020, the applicant was the Construction, Forestry, Maritime, Mining and Energy Union. The respondent, BorCor Cabinets Pty Ltd, contested the approval of the enterprise agreement. The case was heard by the Fair Work Commission (FWC), which is responsible for the resolution of workplace disputes and the approval of enterprise agreements.

The primary legal issue before the FWC was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in accordance with the procedural fairness requirements, whether it contained the necessary minimum terms and conditions, and if it complied with the provisions of the Act. The FWC also had to determine whether the agreement would provide for a fair and efficient workplace and whether it contained appropriate dispute resolution provisions.

In its decision, the FWC found that the enterprise agreement had been made in accordance with the procedural fairness requirements. The FWC determined that the agreement contained the necessary minimum terms and conditions, and that it complied with the provisions of the Act. The FWC was satisfied that the agreement would provide for a fair and efficient workplace and contained appropriate dispute resolution provisions. Consequently, the FWC approved the enterprise agreement.

The FWC approved the BorCor Cabinets Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2019-2020, subject to certain conditions. The decision was made on the basis that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The approval was granted, ensuring that the terms and conditions of employment for the employees covered by the agreement were legally recognised and enforceable.

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