DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/1115)

LIBRA INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known asthe Libra Interiors Pty Ltd / CFMEU 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 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union lodged an application for the approval of the Libra Interiors Pty Ltd / CFMEU Collective Agreement 2015-2017. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically whether these terms met the legal requirements for a valid and approved enterprise agreement under the Fair Work Act 2009.

The central legal issue the court needed to address was whether the agreement complied with the procedural and substantive requirements set forth by the Fair Work Act. This included verifying if the agreement was made in good faith, whether the necessary procedural steps were followed in its creation, and if the provisions within the agreement adhered to the provisions of the Act, including the statutory minimum rights. The court also had to examine if the agreement was appropriately certified by the Fair Work Commission, ensuring it had been fairly and properly negotiated.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the Libra Interiors Pty Ltd / CFMEU Collective Agreement 2015-2017 met all the legal requirements for approval. The Commission found that the agreement had been made in good faith and that all necessary procedural steps had been followed. Furthermore, the agreement did not undermine any of the statutory minimum rights and was fairly negotiated. Consequently, the Commission approved the agreement, acknowledging its compliance with the statutory framework.

In light of the approval, the Fair Work Commission confirmed that the Libra Interiors Pty Ltd / CFMEU Collective Agreement 2015-2017 would come into effect from the date of the Commission's decision. The agreement would then govern the employment terms and conditions between the employer and the union members for the specified period.

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