DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5889)

RETAIL ONE SHOPFITTING CO PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the Retail One Shopfitting Co Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Retail One Shopfitting Co Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022 (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-Queensland Branch. The Agreement is a single enterprise agreement.

[2] The Employer 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 1 February 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch applied for the approval of a collective agreement with Retail One Shopfitting Co Pty Ltd. The Fair Work Commission heard the matter and had to determine if the agreement met the requirements of the Fair Work Act 2009. The agreement sought to regulate the terms and conditions of employment for shopfitters employed by Retail One, including wages, hours of work, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the collective agreement complied with the provisions of the Fair Work Act, particularly sections 228 and 230, which mandate that an agreement must provide for fair and reasonable terms and conditions and not discriminate against any individual or group. The Commission also had to consider if the agreement contained any provisions that might be contrary to public policy or that could potentially facilitate unlawful industrial action.

After reviewing the agreement and the submissions from both parties, the Commission found that the collective agreement was fair and reasonable and did not contravene any provisions of the Fair Work Act. The agreement provided for a structured wage progression, clear dispute resolution mechanisms, and included provisions that protected the rights of employees without facilitating unlawful industrial action. Consequently, the Commission approved the agreement under section 231 of the Act.

The Fair Work Commission approved the Retail One Shopfitting Co Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022, effective from 1 April 2018. The approval ensures that the agreement will govern the employment terms and conditions for the specified period, subject to the rights and obligations of the parties under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established