DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5653)

DAEKIN GROUP PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Daekin Group 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 Daekin Group 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, 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, 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 26 September 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Daekin Group Pty Ltd for approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The Construction, Forestry, Mining and Energy Union (CFMEU) opposed the approval of the agreement, arguing that it did not meet the criteria for endorsement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the legislative requirements and was in the best interests of the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the provisions of section 230 of the Fair Work Act, which sets out the criteria for the approval of enterprise agreements. The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, was free from any undue influence or coercion, and did not discriminate against any particular group of employees. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements of the Act.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the employees, was free from undue influence or coercion, and did not contain any discriminatory provisions. The Commission also concluded that the agreement was made in good faith and adhered to the procedural requirements outlined in the Fair Work Act. As a result, the Commission approved the Daekin Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

The final orders of the Commission were that the proposed enterprise agreement be approved and registered with the Fair Work Commission. The agreement would then be binding on all employees covered by it, and the terms and conditions outlined in the agreement would govern the employment relationship between the employer and the employees. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be enforceable and provide a stable industrial relations environment for the duration of the agreement.

Construction, Forestry, 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