DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1424)

BIGWAY INTERIORS PTY. LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JULY 2015

Application for approval of the Bigway Interiors Pty. Ltd / CFMEU Civil Construction Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Bigway Interiors Pty. Ltd / CFMEU Civil Construction Collective 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Bigway Interiors Pty. Ltd / CFMEU Civil Construction Collective Agreement 2015-2017. The dispute arose between the employer, Bigway Interiors, and the Construction, Forestry, Mining and Energy Union (CFMEU), representing the employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the provisions of the Fair Work Act, particularly focusing on whether it was made in good faith and whether it contained the minimum terms and conditions as required by the legislation. Additionally, the Commission needed to assess if the agreement was consistent with the principles of industrial fairness and if it provided for the proper resolution of workplace issues.

In examining the agreement, the Fair Work Commission considered the evidence and submissions from both parties. The Commission determined that the agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement was consistent with the principles of industrial fairness and provided for the proper resolution of workplace issues. Consequently, the Commission approved the Bigway Interiors Pty. Ltd / CFMEU Civil Construction Collective Agreement 2015-2017. The decision was based on the comprehensive nature of the agreement, its alignment with statutory requirements, and its provision for fair and effective workplace 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