DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2212)

STONE DESIGN GROUP PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JULY 2019

Application for approval of the Stone Design Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stone Design Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019 (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] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 July 2019 and, in accordance with s.54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, the Stone Design Group Pty Ltd, sought approval for the Stone Design Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019, which was opposed by the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission, the body with jurisdiction to approve such agreements. The core legal issues the court had to resolve were whether the agreement was made in good faith, whether it was fair and reasonable, and whether it complied with procedural requirements.

The court examined the evidence and submissions from both parties to determine whether the agreement was genuinely negotiated and whether it was fair and reasonable. It found that the agreement had been made in good faith and contained terms that were fair and reasonable, considering the economic context and the bargaining positions of the parties. The court also found that the agreement complied with procedural requirements, including the provision of relevant information to the employees. Therefore, the court decided in favour of the applicant, approving the agreement.

The court's reasoning was based on the evidence presented and the legal principles established in previous cases. The court found that the agreement was the result of genuine negotiations and contained terms that were fair and reasonable. The court also found that the agreement complied with procedural requirements, including the provision of relevant information to the employees. The court's decision was based on a thorough analysis of the evidence and the legal principles relevant to the case. The final order of the court was that the Stone Design Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019 be approved.

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