Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2554

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/667)
REGENCY SHOWER SCREENS, CLAYTON ENTERPRISE
AGREEMENT 2014
Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 APRIL 2016

Application for approval of the Regency Shower Screens, Clayton Enterprise Agreement

2014.

[1] An application has been made for approval of an enterprise agreement known as the

Regency Shower Screens, Clayton Enterprise Agreement 2014 (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.
[2016] FWCA 2554

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 April 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2554

Annexure A

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and various employers, with the Fair Work Commission presiding over the dispute. The primary issue revolved around the validity and enforceability of an enterprise agreement under the Fair Work Act 2009. The CFMEU sought to have the agreement recognised and enforced, while the employers contested its fairness and compliance with the statutory requirements.

The legal issues addressed by the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and if it contained the necessary minimum terms and conditions as mandated by the law. Furthermore, the Commission had to determine if the agreement was procedurally fair, taking into account the process by which it was made, and substantively fair, considering the terms and conditions it provided for employees.

In rendering its decision, the Commission examined the process by which the agreement was negotiated and executed. It found that the agreement was made following appropriate consultation and that it contained all the mandated minimum terms and conditions. The Commission also assessed the substantive fairness of the agreement, concluding that it provided for a fair and reasonable outcome for both parties. Consequently, the Commission approved the agreement, finding it to be both procedurally and substantively fair.

The orders of the Commission were that the enterprise agreement in question was approved and would be registered with the Fair Work Commission. This decision ensures that the agreement will be binding on the parties and enforceable under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established