DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4248)

AUSTRALIAN PROFESSIONAL SHOPFITTERS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2016

Application for approval of the Australian Professional Shopfitters Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Australian Professional Shopfitters Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Australian Professional Shopfitters Pty Ltd, covering the period from 2014 to 2018. The Fair Work Commission was the court that heard the application. The primary issue before the Commission was whether the terms of the collective agreement were fair and reasonable in all aspects. This involved assessing whether the agreement met the requirements of the Fair Work Act 2009, including whether it complied with the applicable awards and whether it provided for appropriate terms and conditions for the employees covered by the agreement.

The Commission found that the agreement was fair and reasonable, noting that it included provisions for fair pay and conditions, and was consistent with the relevant awards. The Commission was satisfied that the agreement provided for appropriate terms and conditions for the employees, and that it was not contrary to the public interest. The Commission also considered the views of the parties and relevant stakeholders, and took into account any relevant public interest considerations.

The Commission approved the collective agreement, finding that it met the requirements of the Fair Work Act. The agreement was approved subject to certain conditions, including a requirement that the parties notify the Commission of any changes to the agreement. The Commission also made an order for the agreement to be registered with the Fair Work Commission.

The Commission's decision provides guidance on the factors that it will consider when assessing the fairness and reasonableness of a collective agreement. The decision also highlights the importance of ensuring that collective agreements are consistent with relevant awards and provide for fair pay and conditions for employees.

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