DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/119)

Y H INTERIORS GROUP PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

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

Application for approval of the Y H Interiors Group Pty. Ltd. / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe
Y H Interiors Group 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, acting on behalf of its members, filed an application for the approval of the Y H Interiors Group Pty. Ltd. / CFMEU Collective Agreement 2014 - 2017 in the Fair Work Commission. The company, Y H Interiors Group Pty. Ltd., contested the application, raising concerns over certain provisions in the agreement. The central dispute revolved around the interpretation and enforceability of specific clauses within the collective agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms.

The Fair Work Commission was required to determine whether the collective agreement complied with the Fair Work Act 2009 and if it was made in good faith. This involved assessing whether the agreement was consistent with the principles of enterprise bargaining and whether it met the criteria for approval under the legislation. The court needed to scrutinise the provisions to ensure they did not contravene any legal standards and were fair and reasonable for both parties.

In its decision, the Fair Work Commission examined the specific clauses in contention and considered the submissions from both the union and the company. The Commission concluded that the collective agreement was compliant with the Fair Work Act 2009 and had been made in good faith. The provisions in question were found to be reasonable and did not contravene any legal standards. Consequently, the Commission approved the application for the collective agreement.

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