DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/164)

ARTISTIX FINISHES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 FEBRUARY 2016

Application for approval of the Artistix Finishes Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Artistix Finishes Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 10 February 2016 and, in accordance with s.54, will operate from 17 February 2016. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Artistix Finishes Pty Ltd. The dispute centred on the application for approval of the CFMEU Union Collective Agreement 2014-2018. The case was heard in the Fair Work Commission of Australia. The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, if it contained only permissible provisions, and if it met the standard of being substantially beneficial to the employees.

The court examined the process by which the agreement was negotiated, looking into the roles and conduct of the parties involved to ascertain if it was genuinely negotiated. The court also assessed the contents of the agreement to ensure that it complied with the legal framework governing permissible provisions in collective agreements. Additionally, the court considered the overall impact of the agreement on the employees, including its provisions on wages, working conditions, and dispute resolution mechanisms. After careful consideration, the court found that the agreement was genuinely negotiated, contained only permissible provisions, and was substantially beneficial to the employees.

As a result, the court approved the Artistix Finishes Pty Ltd and CFMEU Union Collective Agreement 2014-2018. The approval was contingent upon the agreement being registered with the Fair Work Commission within the stipulated timeframe. The court's decision provided clarity and certainty for both the union and the employer regarding the terms and conditions of employment under the collective agreement. This ruling ensured that the agreement would govern the employment relationship between the parties for the specified period, subject to the terms and conditions set out in the approved agreement.

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