DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3465)

NU TREND SHOPFITTING PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 10 AUGUST 2018

Application for approval of the NU TREND SHOPFITTING PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the NU TREND SHOPFITTING PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 17 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and NU TREND SHOPFITTING PTY LTD, with the central issue being the approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The case was heard in the Fair Work Commission, an Australian statutory body responsible for regulating workplace relations.

The primary legal issues revolved around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for approval, including whether it contained all the mandatory terms set out in the Act, and whether it had been fairly and genuinely negotiated between the parties. The court also needed to consider if the agreement included appropriate mechanisms for the resolution of any disputes that may arise during the term of the agreement.

In delivering its decision, the Commission found that the agreement met all the necessary requirements. It contained all the mandatory terms and provisions required by the Fair Work Act. The Commission was satisfied that the agreement had been fairly and genuinely negotiated, as evidenced by the documentation and submissions provided. The Commission also found that the dispute resolution mechanisms within the agreement were appropriate and in line with the provisions of the Act. Based on these findings, the Commission approved the enterprise agreement, confirming its validity and enforceability.

The Fair Work Commission approved the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018, recognising its compliance with the Fair Work Act. The court's decision ensures that the agreement will govern the employment conditions of the employees covered by the agreement for the specified period. This outcome provides certainty and stability in the workplace, promoting harmonious industrial relations between the 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