Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2161)

LIONHARTT GROUP AUSTRALIA PTY LTD T/AS COMMERCIAL BLINDS AUST. AND CFMMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 12 JULY 2023

Application for approval of the Lionhartt Group Australia Pty Ltd t/as Commercial Blinds Aust. and CFMMEU – Manufacturing Division Enterprise Agreement 2023.

The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) has made an application for approval of an enterprise agreement known as the Lionhartt Group Australia Pty Ltd t/as Commercial Blinds Aust. and CFMMEU – Manufacturing Division Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Lionhartt Group Australia Pty Ltd T/A Commercial Blinds Aust (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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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 declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 12 July 2023 and, in accordance with s.54 of the Act, will operate from 19 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Lionhartt Group Australia Pty Ltd, sought approval of their 2023 enterprise agreement from the Fair Work Commission. The dispute arose from the terms of the agreement, which the respondents argued did not meet the legal requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the Commission required to consider whether the agreement was in the public interest and met the necessary legal standards.

The primary legal issue was whether the enterprise agreement met the statutory criteria for approval. Specifically, the Commission needed to assess whether the agreement was made in good faith and contained provisions that were reasonably necessary to facilitate the making of the agreement, were genuinely agreed to by the parties, and did not undermine the operation of the safety net. The Commission also had to consider the public interest, including the impact of the agreement on employees and the broader community.

In determining the application, the Commission examined the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and contained provisions that were genuinely agreed to by the parties and reasonably necessary to facilitate the making of the agreement. The Commission was satisfied that the agreement did not undermine the operation of the safety net and was in the public interest. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the 2023 enterprise agreement between the Lionhartt Group Australia Pty Ltd and the CFMMEU – Manufacturing Division, finding that it met the legal requirements for approval and was in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established