DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2934)

BARON FORGE CONTRACTORS 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 Baron Forge Contractors 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 Baron Forge Contractors 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

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application in the Fair Work Commission seeking approval of the Baron Forge Contractors Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The agreement in question aimed to set out the terms and conditions of employment for workers in the shop fitting manufacturing industry under Baron Forge Contractors. The dispute arose due to concerns over whether the agreement met the necessary legal standards and provided fair terms for the employees.

The legal issues before the court centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and whether it contained the necessary procedural fairness provisions. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions of employment and whether it met the "better off overall test."

The court found that the agreement met all the statutory requirements under the Fair Work Act 2009. It was satisfied that the agreement had been made in good faith and contained all necessary procedural fairness provisions. The court further found that the agreement provided for fair and reasonable terms and conditions of employment and that the parties were better off overall by entering into the agreement. The court held that the agreement complied with the relevant legislative provisions and approved the application for the enterprise agreement.

In approving the application, the court made an order that the Baron Forge Contractors Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009. This decision provides certainty to both the employer and the employees covered by the agreement and ensures that the terms and conditions of employment are fair and reasonable.

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