DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5023)

FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/AS FOUR SEASONS COMMERCIAL INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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 (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[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 (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Four Seasons Commercial Interiors Unit Trust, trading as Four Seasons Commercial Interiors Pty Ltd, for approval of their enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, Australia’s national workplace relations tribunal. The union and the company sought to have their enterprise agreement approved, which was necessary for it to be legally binding on the parties involved.

The primary legal issues before the court were whether the agreement met the requirements under the Fair Work Act 2009 for it to be approved. This involved assessing whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court had to determine if the agreement provided for fair and reasonable terms and conditions, including those relating to pay rates, hours of work, and other employment conditions. The court also considered the process by which the agreement was negotiated and whether it adhered to the procedural fairness standards expected by the Act.

The Fair Work Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The commission noted that the agreement provided for fair and reasonable terms that balanced the interests of both the employees and the employer. The process of negotiation was deemed to be fair, transparent, and in compliance with procedural fairness requirements. Consequently, the court approved the enterprise agreement, recognising it as a legally binding document between the parties. This decision ensures that the terms of employment, as outlined in the agreement, will govern the relationship between Four Seasons Commercial Interiors Pty Ltd and the union 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