DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5352)

PARAGON BUILDING SERVICES PTY LTD T/AS ACT INTERIORS AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER JOHNS	SYDNEY, 8 OCTOBER 2018

Application for approval of the Paragon Building Services Pty Ltd t/as ACT Interiors and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Building Services Pty Ltd t/as ACT Interiors and CFMEU ACT Enterprise Agreement 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 15 October 2018. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the ACT Interiors and CFMEU ACT Enterprise Agreement 2018, which was negotiated with Paragon Building Services Pty Ltd. The dispute centred around the terms and conditions outlined in the proposed agreement, and the extent to which these terms were consistent with the provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for registration and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement contained all the mandated terms as stipulated in section 232 of the Act, and whether these terms were fair and reasonable. Additionally, the Commission needed to assess whether the agreement adhered to the provisions of section 233 of the Act, which sets out the requirements for an enterprise agreement to be considered "protected action." The Commission also had to consider whether the agreement was made in good faith and whether it had been negotiated genuinely.

The Fair Work Commission found that the agreement contained all the required terms and was fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were consistent with the principles of the Fair Work Act. It was determined that the agreement was made in good faith and had been genuinely negotiated. Consequently, the Commission approved the agreement, and it was registered with the Fair Work Commission.

As a result of the Commission's decision, the ACT Interiors and CFMEU ACT Enterprise Agreement 2018 was approved and registered. This agreement now serves as the basis for the employment terms and conditions between Paragon Building Services Pty Ltd and the employees covered by the agreement. The decision ensures that the agreement provides for fair and reasonable terms and conditions of employment and complies with the provisions of 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