DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4984)

LACEDOME PTY LTD T/A ALLIANCE RETAIL INTERIORS AND CFMEU UNION COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 22 SEPTEMBER 2015

Application for approval of the Lacedome Pty Ltd t/a Alliance Retail Interiors and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lacedome Pty Ltd t/a Alliance Retail Interiors and CFMEU Union Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, 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 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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 September 2015 and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Lacedome Pty Ltd trading as Alliance Retail Interiors and the Construction, Forestry, Mining and Energy Union. The union sought approval of a proposed collective agreement set for the period 2014-2018. The primary dispute centred on whether the terms of the proposed agreement complied with the relevant legislative framework and if they were fair and reasonable in all aspects.

The court was tasked with examining several key legal issues. These included whether the proposed agreement met the statutory requirements of the Fair Work Act 2009, particularly in terms of its provisions on wages, conditions, and dispute resolution mechanisms. Additionally, the court needed to assess whether the agreement adequately balanced the interests of both the employer and the employees and was consistent with the principles of good faith bargaining.

In reaching its decision, the court closely analysed the provisions of the proposed agreement. It found that the agreement complied with the statutory requirements and met the standards of fairness and reasonableness. The court noted that the agreement included provisions for wage increases, changes to working conditions, and a clear dispute resolution process. It also highlighted that the agreement had been negotiated in good faith and that the union and the employer had made reasonable efforts to reach a mutually acceptable outcome. Based on these findings, the court approved the proposed collective agreement.

The Fair Work Commission confirmed the approval of the proposed agreement, subject to the conditions set forth in the decision. The agreement was to take effect from the specified date and would bind both parties for the duration of its term. The court's decision provided clarity on the legal requirements for such agreements and reinforced the importance of good faith negotiations in the industrial relations context.

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