DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2932)

AUSTRALIAN PROFESSIONAL SHOPFITTERS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 JUNE 2015

Application for approval of the Australian Professional Shopfitters 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 Australian Professional Shopfitters 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 19 June 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Australian Professional Shopfitters Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The agreement was put forward by the union and the employer as a fair and reasonable agreement under the Fair Work Act 2009. The union represented employees in the shop fitting manufacturing industry, while the employer was a company in that industry.

The primary legal issue the Commission had to address was whether the agreement met the requirements for being approved as a "single interest employer agreement." The Commission needed to determine if the agreement satisfied the conditions outlined in section 229 of the Fair Work Act, which includes that the agreement must be in writing, cover employees who are members of a relevant union, and be fair and reasonable. The Commission also had to assess whether the agreement complied with the "better off overall test" and whether it contained all the prescribed terms.

The Commission found that the agreement was appropriately drafted and met the statutory requirements. The agreement was in writing, covered employees who were members of the union, and the Commission was satisfied that it was fair and reasonable. The Commission considered the evidence presented by both parties and concluded that the agreement was better off overall for the employees. The Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions for the employees, and that it included all the prescribed terms. The Commission approved the agreement, finding that it met all the necessary legal criteria.

The Commission made an order approving the Australian Professional Shopfitters Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The agreement was approved as a single interest employer agreement under the Fair Work Act 2009. The order came into effect on the date of the Commission's decision and will remain in force until the end of the agreement period or until terminated in accordance with the agreement's provisions.

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