DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/901)

COMPLETE OFFICE AND WORKSTATION INSTALLS TRUST T/A COMPLETE OFFICE AND WORKSTATION INSTALLS AND CFMEU ENTERPRISE AGREEMENT 2017

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2018

Application for approval of the Complete Office and Workstation Installs Trust t/a Complete Office and Workstation Installs and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Complete Office and Workstation Installs Trust t/a Complete Office and Workstation Installs and CFMEU Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Complete Office and Workstation Installs Trust t/as Complete Office and Workstation Installs and CFMEU Enterprise Agreement 2017 was heard by the Fair Work Commission. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of an enterprise agreement to regulate the terms and conditions of employment for its members employed by Complete Office and Workstation Installs. The nature of the dispute was the validity and fairness of the proposed agreement, which aimed to set out the working conditions, wages, and other employment-related matters for the employees of the respondent company.

The legal issues before the court centred on whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and if it was made in good faith and without coercion. The court was required to examine the process through which the agreement was negotiated and whether it provided fair and reasonable terms for the employees. Additionally, the court had to determine if the agreement met the criteria for "protected action" and if it was likely to promote harmonious, productive, and economic relationships between employers and employees.

In delivering the decision, the Fair Work Commission found that the enterprise agreement was compliant with the relevant statutory requirements. The agreement was considered to have been negotiated in good faith, without any coercion, and was likely to promote harmonious, productive, and economic relationships between the parties. The commission approved the agreement, acknowledging that it provided fair and reasonable terms for the employees and met the criteria for "protected action." The court's decision was based on the evidence presented and the compliance of the agreement with the Fair Work Act 2009.

The final orders of the court were that the Complete Office and Workstation Installs and CFMEU Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would govern the terms and conditions of employment for the employees of Complete Office and Workstation Installs, as represented by the CFMEU.

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