DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6653)

ABSOLUTE COMMERCIAL FITOUTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 NOVEMBER 2015

Application for approval of the Absolute Commercial Fitouts Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Absolute Commercial Fitouts 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.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Absolute Commercial Fitouts Pty Ltd for the period 2014 to 2018. The applicant union argued that the agreement, which included provisions on wages, conditions, and dispute resolution, was appropriate for the workforce and met the statutory criteria for approval. The employer opposed the application, raising concerns about the agreement's provisions on pay rates, shift patterns, and the scope of the union's bargaining rights.

The central legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The Commission considered the arguments from both parties, examining the content of the agreement and the bargaining process. It also assessed whether the agreement would have a detrimental effect on the employer's operations and the broader economy.

After thorough deliberation, the Commission found that the agreement was fair and reasonable, meeting the statutory criteria. The Commission noted that the agreement provided for appropriate wage increases and included mechanisms for resolving disputes, which were beneficial for both the employees and the employer. The Commission also determined that the agreement was made in good faith and without coercion. Consequently, the application for approval was granted. The Commission ordered that the collective agreement be approved as filed, effective from the specified commencement date.

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