DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2466)

FITZROY SHOPFITTING & BUILDING PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 APRIL 2015

Application for approval of the Fitzroy Shopfitting & Building 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 Fitzroy Shopfitting & Building 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 4 May 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 Fitzroy Shopfitting & Building Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The application was made under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers in the shop fitting manufacturing industry, and the extent to which the proposed agreement met the requirements of the Act.

The legal issues before the court were whether the agreement provided for the pay and conditions of employees in a fair and reasonable manner, whether it met the "better off overall test" and whether it contained any terms that were contrary to public policy. The court had to consider whether the agreement provided for a fair and equitable outcome for both employees and employers, and whether it complied with all relevant legislative provisions.

The court found that the agreement met all the necessary requirements under the Act. It provided for fair and reasonable terms and conditions of employment, and met the better off overall test. The court also found that there were no terms in the agreement that were contrary to public policy. The agreement was therefore approved by the court, and will now be registered with the Fair Work Commission.

The final orders of the court were that the Fitzroy Shopfitting & Building Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 be approved and registered with the Fair Work Commission. The agreement will now be in effect for the duration of its term, and will govern the employment conditions of workers in the shop fitting manufacturing industry.

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