DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/600)

TOGA NOMINEES PTY LTD T/A ADVANCE CABINETS WORKS AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2020

Application for approval of the Toga Nominees Pty Ltd t/a Advance Cabinets Works and CFMEU - Manufacturing Division Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Toga Nominees Pty Ltd t/a Advance Cabinets Works and CFMEU – Manufacturing Division Enterprise Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single-enterprise agreement.

[2] Toga Nominees Pty Ltd t/a Advance Cabinets Works has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The CFMMEU 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 10 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Toga Nominees Pty Ltd t/as Advance Cabinets Works and CFMEU - Manufacturing Division Enterprise Agreement 2020-2022. The dispute centred around the terms of the enterprise agreement and whether they complied with the relevant statutory requirements under the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement met the criteria for registration as prescribed under section 230 of the Fair Work Act. This involved examining if the agreement had been fairly negotiated, covered the correct bargaining units, and included the mandatory terms specified by the Act. Additionally, the court had to consider whether the agreement contained any provisions that were against public policy or contravened any other provisions of the Act.

The Commission found that the agreement was fairly negotiated and appropriately covered the specified bargaining units. The court noted that the agreement contained all the mandatory terms required by the Act and did not contravene any statutory provisions. Importantly, the Commission determined that none of the provisions of the agreement were against public policy or otherwise unlawful. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with all statutory requirements.

As a result of this determination, the Fair Work Commission granted approval for the Toga Nominees Pty Ltd t/as Advance Cabinets Works and CFMEU - Manufacturing Division Enterprise Agreement 2020-2022, effective from the date of the decision.

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