DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/111)

SUNSHINE COMMERCIAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2015

Application for approval of the Sunshine Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Sunshine Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2014 - 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

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of a collective agreement with Sunshine Commercial Interiors Pty Ltd. The agreement, covering the period 2014 to 2017, sought to establish a framework for wages, conditions, and dispute resolution for employees in the commercial interior fitting industry. The union argued that the agreement was necessary to address the specific needs of its members and to ensure fair and reasonable terms of employment. The company, on the other hand, expressed concerns about the potential impact of the agreement on its business operations and competitiveness.

The legal issues before the Fair Work Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms of employment, and whether it complied with the requirements for genuine bargaining and procedural fairness. The court had to consider the nature of the industry, the bargaining positions of the parties, and the specific terms of the agreement in determining whether it met the statutory criteria.

The Fair Work Commission found that the proposed agreement did not meet the statutory criteria for approval. The court held that certain provisions of the agreement were not genuinely bargained or procedurally fair, and that the agreement did not provide for fair and reasonable terms of employment. The court noted that the company had not been given an adequate opportunity to negotiate the terms of the agreement, and that some provisions were overly prescriptive and did not reflect the true bargaining positions of the parties. As a result, the application for approval was dismissed.

The Fair Work Commission did not grant approval for the Sunshine Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2014 - 2017. The court ordered that the application be dismissed and that the agreement not be approved under the Fair Work Act 2009. The decision highlighted the importance of genuine bargaining and procedural fairness in the collective bargaining process, and the need for parties to negotiate in good faith to reach an agreement that reflects the true bargaining positions of both parties.

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