DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5289)

FJS CORPORATION PTY LTD T/A ABSOLUTELY BLINDS AND CFMEU ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the FJS Corporation Pty Ltd t/a Absolutely Blinds and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the FJS Corporation Pty Ltd t/a Absolutely Blinds and CFMEU Enterprise Agreement 2016 (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 was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFME) and FJS Corporation Pty Ltd trading as Absolutely Blinds, the Fair Work Commission was called upon to approve an enterprise agreement between the two parties. The CFMEU, representing the employees, and Absolutely Blinds, the employer, had negotiated an agreement that now required the Commission's endorsement to ensure compliance with relevant legislative standards. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly in terms of its fairness and compliance with procedural fairness.

The central legal issue before the Commission was whether the agreement adequately covered the procedural fairness aspects and if it was free from any unfair provisions that could potentially harm the employees. This involved an assessment of the bargaining process, the content of the agreement, and the extent to which it aligned with the statutory obligations of ensuring fairness for all parties involved. The Commission had to ensure that the agreement did not contravene any provisions of the Act and that it had been reached through genuine and fair negotiations.

After examining the evidence and submissions from both parties, the Commission concluded that the agreement was fair and met the necessary legislative standards. The bargaining process was deemed genuine, and the content of the agreement was found to be fair and reasonable. The Commission emphasised that the agreement did not include any unfair provisions and was in compliance with all statutory requirements. Therefore, the Commission approved the enterprise agreement, recognising it as a fair and balanced arrangement that met the necessary legal standards.

As a result of the Commission's approval, the enterprise agreement between the Construction, Forestry, Mining and Energy Union and FJS Corporation Pty Ltd trading as Absolutely Blinds was ratified. The agreement would now serve as the basis for the employment conditions of the employees covered by the agreement, ensuring that both the employees and the employer abide by the terms and conditions stipulated within the approved document.

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