DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/810)

KOALA FURNITURE INTERNATIONAL PTY LTD T/A KOALA CABINETS AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019-2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2020

Application for approval of the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMMEU - Manufacturing Division Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMMEU - Manufacturing Division Enterprise Agreement 2019-2021 (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 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Koala Furniture International Pty Ltd, trading as Koala Cabinets, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) - Manufacturing Division. The proposed agreement, titled the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMMEU - Manufacturing Division Enterprise Agreement 2019-2021, was subject to scrutiny to ensure it met the necessary standards and protections as stipulated under the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement complied with the legal requirements and if it provided fair terms and conditions for the employees covered by the agreement.

The central legal issues that the Commission had to address were whether the proposed enterprise agreement contained all the mandatory terms as required by section 231 of the Fair Work Act, and whether it complied with the good faith bargaining provisions under section 228 of the Act. Additionally, the Commission had to ensure that the agreement did not disadvantage employees in terms of their pay and conditions compared to the relevant award or registered agreement. The Commission also needed to consider if the agreement was fair and reasonable, taking into account the economic circumstances and the principles of good faith bargaining.

In reaching its decision, the Commission examined the contents of the proposed agreement and found that it included all the mandatory terms required by the Fair Work Act. The Commission also determined that the bargaining process had been conducted in good faith, with both parties engaging in meaningful discussions and negotiations. Furthermore, the Commission was satisfied that the agreement did not disadvantage employees and provided fair and reasonable terms and conditions. Based on these findings, the Commission approved the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMMEU - Manufacturing Division Enterprise Agreement 2019-2021. This decision was made in the interest of ensuring that the agreement met the legal requirements and provided a fair outcome for both the employer and the employees.

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