Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5802

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4768)

IPAN Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the IPAN Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the IPAN Interiors Pty Ltd 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 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

The matter involved an application for the approval of the IPAN Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission. IPAN Interiors Pty Ltd contested the application. The dispute centred on the interpretation and validity of the proposed enterprise agreement, focusing on specific clauses concerning wages, working conditions, and procedural matters. The court was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement complied with the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it adhered to procedural fairness. The court had to scrutinise the contents of the agreement to ensure that it did not disadvantage employees and that the process of reaching the agreement was fair and lawful. Additionally, the court examined whether the agreement appropriately balanced the rights and interests of both employers and employees, in line with the overarching objectives of the Fair Work Act.

In delivering the decision, the Fair Work Commission examined the specific provisions of the agreement in detail. It found that the agreement generally provided for fair and reasonable terms and conditions of employment. The commission highlighted that while some clauses raised concerns, they were sufficiently addressed through negotiations and amendments proposed by the parties. The commission concluded that the agreement was fair and reasonable, and it approved the application for the agreement to be registered. The court's decision underscored the importance of procedural fairness in the negotiation and finalisation of enterprise agreements.

The final orders included the approval of the IPAN Interiors Pty Ltd and CFMEU ACT Enterprise Agreement 2018, with the agreement to be registered and enforceable under the Fair Work Act. The decision emphasised the commission's role in ensuring that enterprise agreements met the statutory criteria for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established