DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3852)

NEXT GENERATION MANUFACTURING PTY LTD T/AS NIKOLSONS CABINETS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 20 JULY 2016

Application for approval of the Next Generation Manufacturing Pty Ltd T/As Nikolsons Cabinets 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 Next Generation Manufacturing Pty Ltd T/As Nikolsons Cabinets 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 20 July 2016 and, in accordance with s.54, will operate from 27 July 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 Federal Court of Australia, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for an enterprise agreement between Next Generation Manufacturing Pty Ltd trading as Nikolsons Cabinets and the CFMEU. The agreement aimed to regulate employment conditions for the company's employees over the period 2016 to 2018. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for "better off overall" and whether it had been made in good faith and without coercion.

The court considered whether the agreement provided employees with a better overall package of pay and conditions than the applicable award, including any additional benefits. It also examined if the agreement was made without undue pressure or influence and if it included essential terms as required by the Act. The court assessed the evidence and submissions from both parties to ensure that the agreement adhered to the statutory requirements for enterprise agreements.

After thorough examination, the court found that the agreement met all the necessary criteria under the Fair Work Act. The agreement was deemed to provide a better overall package for employees and had been made in good faith without coercion. Consequently, the court approved the enterprise agreement, confirming its validity and enforceability under the Act. This decision allowed the agreement to be implemented, governing the employment conditions of the employees of Nikolsons Cabinets for the specified period.

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