DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2510)

CREATIVE JOINERY UNIT TRUST (THE TRUSTEE FOR) T/AS CREATIVE JOINERY GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 APRIL 2015

Application for approval of the Creative Joinery Unit Trust (The Trustee for) T/As Creative Joinery Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Creative Joinery Unit Trust (The Trustee for) T/As Creative Joinery Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 6 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission was an application by the Creative Joinery Unit Trust, trading as Creative Joinery Group Pty Ltd, for approval of a new enterprise agreement. The Construction, Forestry, Mining and Energy Union (CFMEU) opposed the application, asserting that the proposed agreement did not comply with certain statutory requirements. The primary issue before the Court was whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the Court had to determine if the agreement was genuinely bargained, if it included provisions for the protection of employees' rights, and if it complied with other statutory requirements.

The Court carefully reviewed the procedural fairness of the agreement, examining the bargaining process and the extent to which both parties were involved in negotiations. It assessed if the agreement adequately covered the minimum terms and conditions as stipulated by the Act, and scrutinised the provisions concerning pay and conditions to ensure they were reasonable and fair. The Court also considered the CFMEU's concerns about the agreement's impact on employees, including the potential for it to undermine existing protections and benefits. Ultimately, the Court found that the proposed agreement was genuinely bargained and met all statutory requirements for approval.

Having considered all the evidence and arguments presented, the Court concluded that the Creative Joinery Unit Trust (The Trustee for) T/As Creative Joinery Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 complied with the Fair Work Act 2009. The Court approved the agreement, dismissing the CFMEU's opposition. The decision was based on the comprehensive review of the agreement's provisions and the Court's determination that it provided for fair and reasonable terms and conditions for employees while adhering to statutory requirements.

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