DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1007)

STEGBAR PTY LTD (ROWVILLE TIMBER WINDOWS DIVISION & SHOWER SCREENS & ROBES DIVISION) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2016

Application for approval of the Stegbar Pty Ltd (Rowville Timber Windows Division & Shower Screens & Robes Division) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (Rowville Timber Windows Division & Shower Screens & Robes Division) Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2016. The nominal expiry date of the Agreement is 5 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Stegbar Pty Ltd. The dispute centered around the application for approval of the Stegbar Pty Ltd (Rowville Timber Windows Division & Shower Screens & Robes Division) Enterprise Agreement 2015. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being "freely" and "genuinely" negotiated, and if it contained the necessary minimum terms and conditions as stipulated by the Act. The CFMEU raised concerns about certain clauses in the agreement, arguing they did not meet these criteria and were not in the best interests of the employees.

The Fair Work Commission examined the evidence presented and considered the arguments from both parties. The Commission found that the agreement was genuinely negotiated and met the necessary criteria under the Fair Work Act. It was determined that the agreement contained all the required minimum terms and conditions, and the concerns raised by the CFMEU did not outweigh the overall benefits of the agreement for the employees. Consequently, the Commission approved the enterprise agreement.

The court's final orders were to approve the Stegbar Pty Ltd (Rowville Timber Windows Division & Shower Screens & Robes Division) Enterprise Agreement 2015, subject to the terms and conditions set out in the agreement. The decision was made based on the findings that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions 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