DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7359)

TEXTURED DESIGN GROUP PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2019

Application for approval of the Textured Design Group Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Textured Design Group Pty Ltd and CFMEU Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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 referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Textured Design Group Pty Ltd and CFMEU Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have the agreement approved as a registered instrument, while Textured Design Group Pty Ltd opposed the approval. The primary issue for the court was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining, and if it contained the necessary minimum terms and conditions of employment.

The court examined the bargaining process to assess if it was conducted in good faith. It considered whether both parties had genuinely attempted to reach an agreement and if there was adequate communication and negotiation. The court also scrutinised the content of the agreement to ensure it included the mandated minimum terms and conditions, such as those relating to wages, hours of work, and other employment standards. Additionally, the court evaluated whether the agreement adhered to the provisions concerning the protection of employees' rights and interests.

After reviewing the evidence and arguments presented by both parties, the court concluded that the agreement did not meet the criteria for approval. It found that the bargaining process did not reflect genuine attempts to reach an agreement and that the agreement failed to include certain minimum terms and conditions as required by law. Consequently, the court decided to reject the application for approval of the enterprise agreement. The decision emphasised the importance of compliance with the Fair Work Act and the need for fair and effective bargaining practices in the formation of enterprise agreements.

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