DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5775)

I4 DESIGN AND CONSTRUCTION PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the I4 DESIGN AND CONSTRUCTION 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 I4 DESIGN AND CONSTRUCTION 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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the I4 Design and Construction Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The application was made under the Fair Work Act 2009. The Fair Work Commission heard the application and made a decision. The primary dispute was whether the agreement met the requirements of the Fair Work Act and Fair Work Regulations.

The legal issues the court needed to decide were whether the agreement was a "single enterprise agreement" within the meaning of the Fair Work Act, and whether it complied with the requirements of the Fair Work Regulations. The CFMEU argued that the agreement was a single enterprise agreement covering all employees of I4 Design and Construction Pty Ltd, while the employer contended that the agreement should be split into two separate agreements. The court had to determine whether the agreement was a single enterprise agreement and if it complied with the requirements of the Fair Work Regulations.

The Fair Work Commission found that the agreement was a single enterprise agreement and that it complied with the requirements of the Fair Work Regulations. The Commission rejected the employer's argument that the agreement should be split into two separate agreements, finding that the employees were part of a single enterprise. The Commission also found that the agreement contained all the required terms and conditions of employment and met the genuine bargaining and other requirements of the Fair Work Act. The application was approved, and the agreement was registered.

The Fair Work Commission approved the application and registered the I4 Design and Construction Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The Commission found that the agreement was a single enterprise agreement and that it complied with the requirements of the Fair Work Act and Fair Work Regulations. The agreement was registered, and it became a registered agreement 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