DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6278)

AUSTRALIAN JOINERY PRODUCTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2018

Application for approval of the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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 statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between the Australian Joinery Products Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2018-2019. The CFMEU sought to have the collective agreement, which included terms and conditions for the employees of Australian Joinery Products Pty Ltd, approved under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the relevant statutory requirements and whether it met the threshold for being an "enterprise agreement" as defined by the Act.

The legal issues that the Commission had to determine were whether the agreement contained the necessary mandatory terms as stipulated in the Fair Work Act, and if it met the definition of an enterprise agreement. Additionally, the Commission needed to consider whether the agreement was fairly negotiated and whether it was in the best interests of the employees involved. The CFMEU argued that the agreement was comprehensive and fairly negotiated, while Australian Joinery Products Pty Ltd contended that certain provisions were not compliant with the Act.

The Commission examined the content of the agreement, ensuring it covered all the mandatory terms as required by the Fair Work Act. It assessed whether the agreement was made in good faith and whether it was genuinely intended to be an enterprise agreement. The Commission found that the agreement did include all the necessary mandatory terms and was indeed an enterprise agreement. The Commission concluded that the agreement was fairly negotiated and in the best interests of the employees, thereby granting approval of the collective agreement.

In light of the findings, the Fair Work Commission approved the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The approval meant that the terms and conditions outlined in the agreement would apply to the employees of Australian Joinery Products Pty Ltd for the specified period. This decision provided certainty and stability for the employees and employers involved, ensuring compliance with the statutory requirements under the Fair Work Act.

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