DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5813)

OCTEROS CABINETS (NSW) PTY LTD / CFMEU GREENFIELDS AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Octeros Cabinets (NSW) Pty Ltd / CFMEU Greenfields Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Octeros Cabinets (NSW) Pty Ltd / CFMEU Greenfields 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 5 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement between Octeros Cabinets (NSW) Pty Ltd and the union. The application was made to the Fair Work Commission, which exercises federal jurisdiction over such matters. The union argued that the agreement was a lawful enterprise agreement under the Fair Work Act 2009. The company contested the application, arguing that the agreement did not meet the requirements of the Act.

The key legal issues before the Commission were whether the agreement was made in good faith and whether it contained the necessary provisions as required by the Act. The Commission had to examine the process by which the agreement was made, including whether proper consultation had occurred and if the agreement genuinely reflected a negotiated settlement between the parties. Furthermore, the Commission had to determine if the agreement included all the mandated minimum terms and conditions and whether any provisions were contrary to public policy.

In delivering its decision, the Commission found that the agreement had been made in good faith and contained all the necessary provisions. The Commission was satisfied that there had been genuine consultation between the parties and that the agreement reflected a negotiated settlement. The Commission also found that the agreement included all the mandated minimum terms and conditions and did not contain any provisions contrary to public policy. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Octeros Cabinets (NSW) Pty Ltd / CFMEU Greenfields Agreement 2018. The company and the union were directed to take all necessary steps to give effect to the agreement. The agreement was to be registered with the Commission and would be in effect from the date of registration. The decision was final and binding on both parties.

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