DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6452)

IND WINDOW FABRICATIONS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 20 NOVEMBER 2015

Application for approval of the IND Window Fabrications 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 IND Window Fabrications 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 the 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. 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.

[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.

[5] The Agreement was approved on 20 November 2015 and, in accordance with s.54, will operate from 27 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of the IND Window Fabrications Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The primary dispute arose from the terms and conditions of employment set out in the proposed agreement, particularly those related to the employment of apprentices and trainees. The FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions.

The legal issues before the FWC included whether the proposed agreement adequately addressed the training and employment of apprentices and trainees, the implications of the agreement on the standard hours of work, and whether the agreement was fair and reasonable in all its terms. The FWC had to consider the provisions of the Fair Work Act and the principles of good faith bargaining. Additionally, the FWC needed to assess whether the agreement met the requirements for an enterprise agreement under the Act, including whether it was made in good faith and whether it provided for minimum terms and conditions.

In its decision, the FWC examined the provisions of the proposed agreement, including those related to apprentices and trainees, and considered the submissions made by both the CFMEU and the employer. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The FWC noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and provided for adequate protections for apprentices and trainees. The FWC also determined that the agreement met the requirements of the Act, including those related to good faith bargaining and minimum terms and conditions.

The FWC approved the IND Window Fabrications Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018, effective from the date of the decision. The agreement was approved with minor modifications to address certain concerns raised by the FWC. The FWC's decision provides guidance on the requirements for enterprise agreements and the considerations that must be taken into account when approving such agreements.

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