DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7423)

DYNAMIC CLOSURES (AUST) PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Application for approval of the DYNAMIC CLOSURES (AUST) PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the DYNAMIC CLOSURES (AUST) PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 3 December 2015 and, in accordance with s.54, will operate from 10 December 2015. 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 case before the Fair Work Commission involved an application for the approval of the Dynamic Closures (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The matter arose under the Fair Work Act 2009, where the union sought to have the agreement registered, which would confer upon it certain bargaining rights. The employer contested the application on the grounds that the agreement failed to meet the legal standards required for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the "better off overall test," which requires that the terms of the agreement be at least as favourable to the employees as their previous conditions of employment. The Commission also had to ensure that the agreement was properly made, in accordance with the procedural fairness and transparency mandated by the Act.

In examining the agreement, the Commission considered the submissions and evidence presented by both parties. It found that the agreement contained terms that were in line with the better off overall test, as they provided employees with improved conditions without any detriment. The Commission also noted that the agreement had been negotiated in good faith and that the process adhered to the procedural requirements of the Act. Consequently, the Commission approved the agreement, determining that it met the necessary legal standards.

The Commission's final order was that the Dynamic Closures (Aust) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 be approved for registration. This decision conferred upon the union the bargaining rights as set out in the agreement, effective from the date of the approval.

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