DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/970)

MOORABBIN CABINETS (VIC) PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2016

Application for approval of the Moorabbin Cabinets (Vic) Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Moorabbin Cabinets (Vic) Pty Ltd and CFMEU 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] 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 was approved on 28 April 2016 and, in accordance with s.54, will operate from 5 May 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Moorabbin Cabinets (Vic) Pty Ltd and CFMEU Enterprise Agreement 2015. The company, Moorabbin Cabinets, contested the application, arguing that the agreement did not meet the statutory requirements for approval. The matter was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act 2009, specifically concerning the process by which the agreement was made. Moorabbin Cabinets contended that the agreement was not genuinely negotiated between the employer and the employees as required by law. The CFMEU argued that the process was valid and in line with legal standards.

The Commission examined the evidence provided by both parties regarding the negotiation process. It found that the agreement had been made through a process that adhered to the legislative requirements. The Commission concluded that the evidence demonstrated genuine bargaining and that the agreement was therefore valid. Consequently, the application for approval was granted.

The Fair Work Commission approved the Moorabbin Cabinets (Vic) Pty Ltd and CFMEU Enterprise Agreement 2015, dismissing the objections raised by Moorabbin Cabinets. The decision emphasised the importance of genuine negotiation in the formation of enterprise agreements and confirmed the agreement's compliance with the statutory framework.

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