DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5866)

FIG INTERIORS 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 Fig Interiors Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Fig Interiors 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 sought approval for a collective agreement with Fig Interiors Pty Ltd for the period 2018 to 2022. The application was brought before the Fair Work Commission. The central dispute in this matter revolved around the specific terms and conditions outlined in the proposed collective agreement and whether they complied with the applicable industrial laws and regulations.

The legal issues before the court included the assessment of whether the proposed agreement's terms were fair and reasonable, whether they met the standards set forth in the Fair Work Act 2009, and whether the agreement appropriately balanced the rights and interests of both the employer and the employees. The court was also required to consider the broader impact of the agreement on the industry and the workforce.

The court, after thorough examination, concluded that the proposed collective agreement was fair and reasonable. The terms were deemed to meet the necessary standards under the Fair Work Act 2009 and effectively balanced the interests of both parties. The court found that the agreement was appropriate in the context of the industry and would not lead to any detrimental effects on the workforce. Consequently, the court approved the collective agreement.

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