DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4561)

MOORABBIN CABINETS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the Moorabbin Cabinets (Vic) 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 the Moorabbin Cabinets (Vic) 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.

[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 2 August 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

The parties involved in this case are Moorabbin Cabinets (Vic) Pty Ltd, represented by its director, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), represented by the union. The dispute revolves around the approval of an enterprise agreement between the company and the union for the period 2016-2018. The matter was heard by the Fair Work Commission of Australia.

The legal issues that the Fair Work Commission had to address pertain to the fairness and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The commission needed to determine whether the agreement met the necessary standards for fairness, including if it was free from coercion, contained minimum terms and conditions, and provided for proper dispute resolution mechanisms. Additionally, the commission examined whether the agreement adhered to the requirements set out in the Fair Work Act, including the provision of procedural fairness to the parties involved.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was fair and complied with the requirements of the Fair Work Act. The commission was satisfied that the agreement was free from any undue influence or coercion and included the minimum terms and conditions as stipulated by the Act. Furthermore, the commission determined that the agreement provided for appropriate dispute resolution mechanisms and afforded procedural fairness to both parties. Consequently, the Fair Work Commission approved the enterprise agreement between Moorabbin Cabinets (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018.

As a result of the Fair Work Commission's decision, the enterprise agreement between Moorabbin Cabinets (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) was approved for the specified period. The agreement, which outlines the terms and conditions of employment for the employees of Moorabbin Cabinets, is now in effect and legally binding on both parties. The decision ensures that the agreement adheres to the standards of fairness and compliance as required by the Fair Work Act.

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