DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1751)

APEX STONE UNIT TRUST (THE TRUSTEE FOR) T/AS APEX STONE AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2019

Application for approval of the APEX STONE UNIT TRUST (THE TRUSTEE FOR) T/As APEX STONE and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the APEX STONE UNIT TRUST (THE TRUSTEE FOR) T/As APEX STONE 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] 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 14 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for the APEX STONE UNIT TRUST (the trustee for) trading as APEX STONE and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019. The dispute centred on whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. The commission had to assess whether the agreement contained all the required provisions, including those concerning minimum entitlements, and whether it had been fairly negotiated and made in good faith.

The primary legal issues before the commission involved determining the comprehensiveness and fairness of the agreement. This included scrutinising whether the agreement appropriately addressed all mandated terms and conditions, such as wages, hours of work, and other employment terms, as well as ensuring that the process of negotiation and agreement formation was conducted in a manner compliant with the statutory requirements. The commission also needed to consider any objections raised by other parties and evaluate whether the agreement met the threshold for being "better off overall" for the employees.

The commission found that the agreement was comprehensive and contained all the required provisions under the Fair Work Act. It was also determined that the negotiation process had been fair and in good faith. The commission took into account the submissions from the applicant and any other relevant parties, concluding that the proposed agreement was beneficial to the employees as it provided improved terms and conditions compared to the previous arrangements. The commission ultimately approved the agreement, affirming its compliance with the necessary legal standards and its potential positive impact on the workforce.

As a result of the commission's decision, the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2019 was approved, and it will now be in effect, providing the agreed terms and conditions for the employees of APEX STONE. This decision highlights the importance of ensuring that enterprise agreements are thoroughly reviewed and meet all statutory requirements to protect the interests of both employers and 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