DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6175)

Y H INTERIORS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Y H Interiors Group Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Y H Interiors Group Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Y H Interiors Group Pty Ltd. The agreement in question sought to govern the terms and conditions of employment for the employees of Y H Interiors Group Pty Ltd for the period 2017-2018. The CFMEU sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for registration, including whether it contained the mandated minimum terms and conditions and whether it had been genuinely agreed upon by the parties.

The central legal issue before the Commission was whether the collective agreement complied with the statutory requirements for registration under the Fair Work Act. Specifically, the Commission had to determine whether the agreement contained the mandated minimum terms and conditions, as stipulated in the Fair Work Act and the Fair Work Regulations 2009. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated and agreed upon by both parties. The CFMEU argued that the agreement met all necessary criteria and should be approved, while any objections raised needed to be dismissed.

The Commission examined the collective agreement clause by clause and compared it with the mandated minimum terms and conditions set out in the Fair Work Act and Fair Work Regulations. The Commission found that the agreement contained all the necessary mandated minimum terms and conditions. Furthermore, the Commission concluded that the agreement had been genuinely negotiated and agreed upon by both parties, as evidenced by the documentation and testimony provided. Therefore, the Commission approved the collective agreement and ordered its registration 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