DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5405)

D PHELAN SHOPFITTERS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the D Phelan Shopfitters Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the D Phelan Shopfitters Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018 (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 5 February 2019. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant, sought approval for the D Phelan Shopfitters Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018. The dispute arose when the applicant union sought to have the agreement registered by the Fair Work Commission under the Fair Work Act 2009. The case was heard in the Federal Court of Australia, which has jurisdiction to review decisions of the Fair Work Commission on matters of law.

The central legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically focusing on whether the agreement met the criteria for approval. The court had to determine if the agreement was a genuine enterprise agreement, if it was made in good faith, and whether it contained the requisite provisions for employee protections and dispute resolution mechanisms. Additionally, the court examined if the agreement had been appropriately negotiated and if it complied with the procedural requirements set forth by the Act.

The court meticulously reviewed the agreement and the negotiation process. It found that the agreement was indeed a genuine enterprise agreement, made in good faith, and contained all necessary provisions for employee protections and dispute resolution. The court also determined that the agreement had been appropriately negotiated and complied with the procedural requirements. Therefore, the court upheld the decision of the Fair Work Commission to approve the agreement.

As a result of the court's decision, the application for approval of the D Phelan Shopfitters Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018 was successful. The agreement was confirmed as valid and binding under the Fair Work Act 2009.

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