DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/451)

JFK INTERIORS AUSTRALIA PTY LTD AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MARCH 2020

Application for approval of the JFK Interiors Australia Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2019-2022

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the JFK Interiors Australia Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 March 2020 and, in accordance with s 54, will operate from 19 March 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and JFK Interiors Australia Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement between the two parties, covering the period from 2019 to 2022. The application was brought under the Fair Work Act 2009, which mandates that any enterprise agreement must meet certain criteria before it can be approved by the Commission. These criteria include ensuring the agreement promotes workplace fairness and efficiency, among other things.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was sufficiently in the interests of the employees it covered and whether it promoted workplace fairness and efficiency. The CFMEU argued that the agreement met all necessary criteria, while JFK Interiors Australia Pty Ltd also supported the application, stating that the agreement had been negotiated in good faith and was in the best interests of both parties.

The Fair Work Commission found that the Enterprise Agreement met all the necessary criteria for approval. The Commission noted that the agreement contained provisions that promoted workplace fairness and efficiency, such as provisions for dispute resolution and the protection of employees' rights. The Commission also found that the agreement had been negotiated in good faith and was in the best interests of both parties. Accordingly, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between JFK Interiors Australia Pty Ltd and the CFMEU Manufacturing Division for the period from 2019 to 2022. The Commission found that the agreement met all necessary criteria, including promoting workplace fairness and efficiency, and was in the best interests of both parties. The approval of the Enterprise Agreement means that it will now be binding on all employees and employers covered by it.

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