DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1683)

ST GEORGE INTERIORS PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2019

Application for the approval of the St George Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the ST GEORGE INTERIORS PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2019. The nominal expiry date of the Agreement is 30 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the St George Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The dispute arose as the employer questioned the fairness and validity of the proposed agreement, necessitating a judicial determination. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with reviewing the application.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to ascertain if the agreement satisfied the good faith bargaining requirement and whether it adhered to the procedural fairness and substantive fairness criteria. The Commission needed to determine if the agreement was genuinely negotiated and if its terms were fair and reasonable.

The Commission undertook a detailed analysis of the negotiation process and the content of the agreement. It found that the negotiation process was conducted in good faith, with both parties engaging constructively and making genuine efforts to reach a consensus. The terms of the agreement were also found to be fair and reasonable, balancing the interests of both the employer and the employees. Consequently, the Commission approved the application, finding the agreement to be compliant with the statutory requirements.

The Fair Work Commission ordered the approval of the St George Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018, thereby resolving the dispute in favour of the union.

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