DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2005)

ACCURACY INTERIORS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Accuracy Interiors Pty Ltd and CFMEU 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 the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 22 June 2018 and, in accordance with s.54, will operate from 29 June 2018. The nominal expiry date of the Agreement is 1 December 2020.

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 applied for the approval of the Accuracy Interiors Pty Ltd and CFMEU Enterprise Agreement 2018. The dispute involved the terms of the enterprise agreement, which was to be applied to employees of Accuracy Interiors Pty Ltd. The matter was brought before the Commission to ensure the agreement met the statutory requirements and was fair and reasonable in its provisions.

The central legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the requirements for registration under the Act. Specifically, the Commission needed to determine if the agreement contained all the prescribed terms and conditions, and whether it was fair and reasonable in all its aspects, taking into account the need to facilitate productivity and efficiency in the workplace.

In delivering its decision, the Commission examined the contents of the enterprise agreement against the statutory framework. It found that the agreement was comprehensive and included all the prescribed terms and conditions as required by the Act. The Commission also concluded that the agreement was fair and reasonable, as it balanced the interests of both the employer and the employees, and it facilitated productivity and efficiency within the workplace. Consequently, the Commission approved the enterprise agreement and registered it under the Fair Work Act 2009.

The final order of the Commission was that the Accuracy Interiors Pty Ltd and CFMEU Enterprise Agreement 2018 be approved and registered. This decision ensures that the agreement is legally binding and can be enforced between the parties involved.

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