DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5022)

FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/AS FOUR SEASONS COMMERCIAL INTERIORS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of the Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors 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 Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 17 August 2016 and, in accordance with s.54, will operate from 24 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

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Four Seasons Commercial Interiors Unit Trust trading as Four Seasons Commercial Interiors Pty Ltd (the employer) and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (the agreement). The dispute arose from the application of the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission before they can be enforced. The CFMEU sought approval for the agreement which outlines terms and conditions of employment for shop fitting workers within the employer’s business.

The primary legal issue before the Fair Work Commission was whether the agreement met the requirements of the Fair Work Act, particularly in relation to the provisions outlined in section 230. The Commission had to determine if the agreement had been made in the spirit of the Act and if it contained the necessary good faith bargaining provisions. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the statutory minimum standards set by the Act.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was made in good faith and in compliance with the statutory requirements of the Fair Work Act. The Commission determined that the agreement contained all the necessary provisions, including good faith bargaining and the prescribed minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, and thus approved it under section 233 of the Fair Work Act. The decision was made on the basis that the agreement provided a balanced and equitable set of terms and conditions for the employees covered by it, and it did not contain any provisions that were detrimental to the employees or contrary to the public interest.

The Fair Work Commission approved the Four Seasons Commercial Interiors Enterprise Agreement 2015-2018, thereby allowing it to be enforced between the employer and the employees represented by the CFMEU. The approval signifies that the agreement is considered fair and reasonable and complies with all relevant legislative requirements.

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