DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/218)

THE TRUSTEE FOR S&S SHOPFITTING TRUST T/A S&S SHOPFITTING AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Trustee for S&S Shopfitting Trust T/A S&S Shopfitting and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for S&S Shopfitting Trust T/A S&S Shopfitting and CFMEU Union Collective Agreement 2014 - 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 29 February 2016 and, in accordance with s.54, will operate from 7 March 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 matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Trustee for S&S Shopfitting Trust T/A S&S Shopfitting. The issue at hand was the application for the approval of the CFMEU Union Collective Agreement 2014-2018. This agreement sought to regulate the terms and conditions of employment for workers in the shopfitting industry across Australia.

The legal issues the court had to address included whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009, specifically in relation to the provisions that govern the making of such agreements. The court had to ensure that the agreement adhered to the principles of good faith bargaining, did not discriminate against employees, and provided for a fair and reasonable outcome for both employers and employees. Furthermore, the court considered whether the agreement contained provisions that were contrary to public policy or had the potential to undermine the broader industrial relations system.

The Fair Work Commission examined the provisions of the collective agreement in detail, assessing whether they met the criteria for approval. The court found that the agreement generally adhered to the principles of good faith bargaining and did not contain any discriminatory provisions. Additionally, the court determined that the agreement provided for a fair and reasonable outcome for both employers and employees, with provisions that were consistent with the broader objectives of the Fair Work Act 2009. As a result, the court approved the CFMEU Union Collective Agreement 2014-2018, subject to certain conditions and modifications to address specific concerns raised during the hearing.

The final orders of the court included the approval of the CFMEU Union Collective Agreement 2014-2018, with the conditions and modifications outlined in the decision. These modifications were designed to ensure that the agreement remained consistent with the principles of good faith bargaining, did not discriminate against employees, and provided for a fair and reasonable outcome for both employers and employees. The court also ordered that the agreement be registered with the Fair Work Commission, thereby making it a legally binding instrument between the parties involved.

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