DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4308)

AUSTRALIAN FIRE DOORS AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Australian Fire Doors and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Fire Doors and CFMEU (WA) Enterprise Agreement 2015-2017 (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 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, the Australian Fair Work Commission addressed an application for the approval of the Australian Fire Doors and CFMEU (WA) Enterprise Agreement 2015-2017. The primary parties involved in the dispute were Australian Fire Doors, represented by its employer, and the Construction, Forestry, Mining and Energy Union (WA Branch). The nature of the disagreement pertained to the terms and conditions of employment under the proposed enterprise agreement, which the union sought to have approved. The case was heard by the Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically whether it met the requirements for "registered" agreements. This included scrutinising whether the agreement was made in good faith, whether it was appropriately certified, and if it provided for fair terms and conditions. The Commission was also required to consider the extent to which the agreement aligned with the principles of industrial conciliation and arbitration as set forth in the Act. The Commission's decision hinged on whether the agreement satisfied all statutory criteria and whether it was fair and reasonable for the employees covered by it.

After thorough examination, the Commission found that the enterprise agreement fulfilled all the necessary legal requirements for approval. The agreement was deemed to be made in good faith and was appropriately certified. The Commission confirmed that the terms and conditions of the agreement were fair and balanced, taking into account the interests of both the employees and the employer. The agreement was also found to be consistent with the broader objectives of the Fair Work Act, including the promotion of productive and harmonious workplace relations. Based on this assessment, the Commission approved the enterprise agreement, thereby resolving the dispute in favour of the union.

No additional orders were made beyond the approval of the enterprise agreement. This decision underscores the importance of ensuring that enterprise agreements meet all statutory requirements and are fair and reasonable for all parties involved. The approval of this agreement provides a framework for the terms and conditions of employment for the workers covered by it, and sets a precedent for similar agreements in the industry.

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