DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1008)

SCOPE FURNITURE AND CFMEU - FFPD ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 22 JUNE 2015

Application for approval of the Scope Furniture and CFMEU - FFPD Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Scope Furniture and CFMEU - FFPD Enterprise Agreement 2014 (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).

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

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 29 June 2015. The nominal expiry date of the Agreement is 1 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Mining and Energy Union, sought approval of the Scope Furniture and CFMEU - FFPD Enterprise Agreement 2014 in the Fair Work Commission. The agreement aimed to regulate employment terms and conditions for employees in the Scope Furniture industry. The legal dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009. The Commission had to consider if the agreement appropriately addressed matters including minimum wages, penalty rates, and other employment conditions, while also ensuring that it did not unfairly disadvantage any party.

The primary legal issues revolved around whether the agreement complied with the mandatory provisions of the Fair Work Act, particularly concerning the scope and content of the agreement. The Commission needed to determine if the agreement was made in good faith and if it was appropriately certified by the relevant union. Additionally, the court had to assess whether the agreement contained all the necessary provisions and if it adhered to the procedural requirements set out in the Fair Work (Registered Organisations) Act.

The Fair Work Commission found that the agreement was made in good faith and contained all necessary provisions as required by the Fair Work Act. The Commission concluded that the agreement was appropriately certified by the union and met the procedural requirements of the Act. The Commission also determined that the agreement did not unfairly disadvantage any party and was compliant with all relevant legislative provisions. Consequently, the Commission approved the Scope Furniture and CFMEU - FFPD Enterprise Agreement 2014.

The Fair Work Commission's final order was the approval of the Scope Furniture and CFMEU - FFPD Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions for the specified industry until it was superseded by a new agreement or by law.

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