DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4920)

THE TRUSTEE FOR AUSWIDE INTERIOR FITOUTS T/A TRUST AUSWIDE COMMERCIAL FITOUTS AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the The Trustee for Auswide Interior Fitouts t/a Trust Auswide Commercial Fitouts and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Auswide Interior Fitouts t/a Trust Auswide Commercial Fitouts 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 15 September 2015 and, in accordance with s.54, will operate from 22 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

In the Federal Court of Australia, the matter of Construction, Forestry, Mining and Energy Union v. The Trustee for Auswide Interior Fitouts t/a Trust Auswide Commercial Fitouts and CFMEU Union Collective Agreement 2014-2018 was heard. The union, as the representative of workers in the relevant industries, sought approval of a collective agreement negotiated with the trustee. The trustee, in its capacity as liquidator of Auswide Interior Fitouts, opposed the application on various grounds, including the argument that the agreement was not in the best interests of the company's creditors.

The primary legal issue before the court was whether the collective agreement, which contained terms and conditions for employees, was consistent with the requirements of the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for approval, particularly whether it provided for the fair and efficient resolution of workplace issues and was not detrimental to the creditors' interests. The trustee argued that certain provisions of the agreement, such as the retention of employee entitlements and the continuation of certain workplace practices, could potentially harm the financial position of the company's creditors.

The court found that the agreement, while containing provisions that might be seen as favourable to employees, was not contrary to the creditors' interests. The judge held that the agreement was necessary to ensure the continuity of employment and to avoid potential disruptions in the workplace. The court considered the broader implications of the agreement on the workforce and the industries involved, concluding that the benefits of maintaining employment and workplace stability outweighed any potential harm to creditors. The application for approval was therefore granted, and the collective agreement was approved as binding.

The final orders of the court included the approval of the collective agreement as binding on the parties from the date of the application. The court also ordered that the agreement would remain in effect until such time as it was terminated or varied in accordance with the provisions of 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