DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/808)

TRENDGOSA PTY LTD AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2020

Application for approval of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Trendgosa Pty Ltd and CFMEU 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.

[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 13 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was tasked with considering an application for the approval of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020. The dispute arose from negotiations between the union and the employer, Trendgosa, over the terms and conditions of employment for workers in the manufacturing division. The union sought to have the proposed agreement registered, while the employer contested certain provisions, primarily on grounds of fairness and practicality in a modern industrial context.

The legal issues before the Commission centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. A key issue was the employer's contention that certain provisions were overly prescriptive and potentially detrimental to business operations, while the union argued that the provisions were necessary to protect workers' rights and ensure fair treatment.

The Commission carefully considered the arguments of both parties, examining the specifics of the agreement and the broader implications for the industry. It found that while some provisions were contentious, the overall agreement provided for fair and reasonable terms and conditions, and it did not contravene any provisions of the Fair Work Act. The Commission concluded that the benefits of the agreement to the workers outweighed any potential disadvantages to the employer, and thus, the application for approval was successful. The Commission's decision was grounded in a balanced assessment of the needs of both employers and employees within the manufacturing sector.

The Fair Work Commission approved the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020, ordering that it be registered. This decision sets a precedent for similar agreements within the sector and underscores the importance of achieving a balance between the rights of workers and the operational needs of employers.

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