DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5951)

TOGA NOMINEES PTY LTD T/A ADVANCE CABINET WORKS AND CFMEU ENTERPRISE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 NOVEMBER 2015

Application for approval of the Toga Nominees Pty Ltd t/a Advance Cabinet Works and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toga Nominees Pty Ltd t/a Advance Cabinet Works and CFMEU Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theConstruction, 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 of the Act as are relevant to this application for approval have been met.

[3] TheConstruction, 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) of the Act I note that the Agreement covers this organisation.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Toga Nominees Pty Ltd t/a Advance Cabinet Works and CFMEU Enterprise Agreement 2015. The dispute centred around whether the agreement met the statutory requirements for registration under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was genuinely negotiated between the parties, and if it adhered to the provisions of the Act concerning the resolution of workplace disputes and the protection of employees' rights.

The Fair Work Commission determined that the agreement was comprehensive and included all necessary mandatory terms. It found that the agreement had been genuinely negotiated and reflected the interests of both the employer and the employees. The Commission also confirmed that the agreement complied with the Act's provisions for dispute resolution and employee protections. Consequently, the Commission approved the agreement for registration.

The final orders included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. This decision ensured that the terms and conditions of employment for the employees of Toga Nominees Pty Ltd t/a Advance Cabinet Works were legally recognised and enforceable under the Fair Work Act.

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