DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3634)

ACOUSTEX PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 25 JUNE 2015

Application for approval of the Acoustex Pty Ltd 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 Acoustex Pty Ltd and the CFMEU Shop Fitting 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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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, will operate from 2 July 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 Full Bench of the Fair Work Commission involved an application for approval of the Acoustex Pty Ltd and the Construction, Forestry, Mining and Energy Union Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The Acoustex Pty Ltd, an employer in the shop fitting manufacturing industry, sought the Commission's approval of the enterprise agreement, while the CFMEU represented the employees. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for being a suitable instrument of settlement.

The key legal issues before the Court were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act and if it was genuinely bargained between the parties. Specifically, the Court needed to determine if the agreement was in writing, included minimum entitlements and terms, was free from prohibited content, and if it was genuinely negotiated between the parties. The Court also considered if the agreement provided for the variation or termination of employment contracts and if it included provisions for the resolution of disputes.

The Full Bench of the Fair Work Commission, in granting the approval, found that the agreement met the statutory requirements. The Court noted that the agreement was in writing and included minimum entitlements and terms. It was also free from prohibited content, as it did not include any terms that would be contrary to the public interest. The Court found that the agreement was genuinely negotiated between the parties, as evidenced by the bargaining process and the parties' conduct during negotiations. The agreement also provided for the variation or termination of employment contracts and included provisions for the resolution of disputes. Therefore, the Court was satisfied that the agreement was a suitable instrument of settlement and granted the application for approval.

The Full Bench of the Fair Work Commission approved the Acoustex Pty Ltd and the Construction, Forestry, Mining and Energy Union Shop Fitting Manufacturing Enterprise Agreement 2015-2018, finding that it met the requirements of the Fair Work Act. The Court's decision was based on the agreement's compliance with the statutory provisions, the genuine negotiation between the parties, and the inclusion of provisions for the variation or termination of employment contracts and the resolution of disputes.

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