DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3980)

WOOD FAMILY TRADING TRUST T/AS WOOD SHOP FITTINGS AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2015

Application for approval of the Wood Family Trust T/As Wood Shop Fittings and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the WOOD FAMILY TRADING TRUST T/As WOOD SHOP FITTINGS and the CFMEU Shopfitting Manufacturing Enterprise Agreement 2015-2018 (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 and, in accordance with s.54, will operate from 3 August 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between the Wood Family Trust trading as Wood Shop Fittings and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the proposed agreement met the necessary legal standards and procedural requirements for registration under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was genuinely a product of bargaining, whether it contained all the required terms, and whether it met the other statutory criteria for approval.

The legal issues that the Commission had to address included whether the agreement had been genuinely bargained between the parties and whether it contained all the mandated terms as stipulated by the Fair Work Act. The Commission also needed to assess whether the agreement complied with the procedural requirements, including whether the parties had followed the correct process in reaching the agreement. Additionally, the Commission examined whether the agreement contained any provisions that were contrary to public policy or had been made under duress.

The Fair Work Commission found that the agreement had been genuinely bargained between the parties, contained all the required terms, and met the statutory criteria for approval. The Commission concluded that the process followed in reaching the agreement was fair and in accordance with the law. The agreement was also found to be compliant with all necessary provisions of the Fair Work Act and did not contain any terms that contravened public policy or were made under duress. As a result, the Commission approved the application for the registration of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

The final orders of the Commission included the approval of the enterprise agreement, which was to be registered under the Fair Work Act. The agreement was to be binding on the Wood Family Trust and the Construction, Forestry, Mining and Energy Union, and its employees covered by the agreement. The Commission's decision provided clarity on the legal standards and procedural requirements for the approval of enterprise agreements, reinforcing the importance of genuine bargaining and compliance with the law in industrial relations.

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