DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6422)

ONE68 PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the ONE68 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 ONE68 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 9 November 2015 and, in accordance with s.54, will operate from 16 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 for the approval of the ONE68 PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The primary dispute was whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the provisions that the applicant claimed were essential for the agreement to be considered fair and reasonable.

The central legal issues before the Fair Work Commission were whether the agreement provided for the proper regulation of the employment relationship and whether it was consistent with the principles of the national workplace relations system. Specifically, the Commission needed to determine if the agreement was free from any provisions that might be considered coercive, oppressive, or discriminatory, and whether it contained minimum terms and conditions of employment.

The Fair Work Commission considered the nature of the bargaining process, the fairness of the terms proposed, and the broader context of the agreement. It examined the evidence provided by both parties and the precedents set by similar agreements. The Commission concluded that the agreement did not contain any terms that were unfair, oppressive, or discriminatory. It was found to be consistent with the principles of the national workplace relations system, and the agreement met the statutory requirements for approval. The Commission approved the agreement, finding it to be fair and reasonable in all respects.

In its final order, the Fair Work Commission approved the ONE68 PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018, effective from the date of the decision. The agreement was to be registered on the Register of Approved Agreements, and the parties were required to comply with its terms as the legally binding enterprise agreement for the relevant employees.

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