DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4986)

360 INTERIORS PTY AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018)

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the 360 Interiors Pty and CFMEU Union Collective Agreement 2014 - 2018 (The Agreement).

[1] An application has been made for approval of an enterprise Agreement known as the 360 Interiors Pty and CFMEU Union Collective Agreement 2014-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and 360 Interiors Pty Ltd, with the Fair Work Commission (FWC) at its centre. The CFMEU sought approval of a collective agreement between the union and 360 Interiors Pty Ltd, which would govern the terms and conditions of employment for the company's workers from 2014 to 2018. The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a genuine agreement and whether it contained provisions that were fair and reasonable in all respects.

The legal issues before the FWC included whether the agreement had been made freely and without coercion, whether the terms of the agreement were fair and reasonable, and whether the agreement complied with the provisions of the Fair Work Act. The FWC had to determine if the agreement adequately covered all aspects of the employment relationship, including wages, conditions of employment, and dispute resolution mechanisms. The FWC also needed to assess whether the agreement met the standard of being "better off overall" for the employees compared to the applicable award or registered agreement.

In its decision, the FWC examined the process through which the agreement was negotiated and concluded that it was indeed a genuine agreement, as both parties had entered into it voluntarily without any undue influence. The FWC found that the terms of the agreement were fair and reasonable, as they provided employees with protections and benefits that were at least as good as, if not better than, those provided by the relevant award. The FWC further noted that the agreement included provisions for dispute resolution that were accessible and effective. Ultimately, the FWC approved the collective agreement, finding that it met all the statutory requirements and was in the best interests of the employees.

The FWC's approval of the agreement was made subject to certain conditions, which included the requirement for 360 Interiors Pty Ltd to provide the FWC with annual reports on the implementation of the agreement. The FWC also directed that the agreement would remain in force until such time as it was replaced by a new agreement or terminated in accordance with its terms.

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