DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1123)

CUBIC INTERIORS AND CFMEU (WA) GREENFIELDS AGREEMENT 2015-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Cubic Interiors and CFMEU (WA) Greenfields Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Cubic Interiors and CFMEU (WA) Greenfields Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 30 December 2017.

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 (CFMEUW) lodged an application for the approval of the Cubic Interiors and CFMEU (WA) Greenfields Agreement 2015-2017. The agreement was entered into between Cubic Interiors, an employer, and the union. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other related matters, as stipulated in the agreement.

The legal issues the court was required to address involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Act. Additionally, the court had to consider whether the agreement was made in good faith and if it provided for the proper operation of the enterprise.

The court's reasoning focused on the compliance of the agreement with the statutory requirements. The agreement was found to contain provisions that were fair and reasonable, covering essential terms and conditions of employment. The court concluded that the agreement was made in good faith and provided for the proper operation of the enterprise. Therefore, the court approved the agreement under the Fair Work Act 2009.

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