DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/322)

FORIS PTY LIMITED T-AS CUBIC INTERIORS / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2015

Application for approval of the Foris Pty Limited t-as Cubic Interiors / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Foris Pty Limited t-as Cubic Interiors / CFMEU Collective Agreement 2015-2017 (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

In the matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and Foris Pty Limited t/as Cubic Interiors, the Fair Work Commission was tasked with approving a proposed enterprise agreement. The CFMEU, representing the workers, and Foris Pty Limited, the employer, had entered into a collective agreement for the period 2015-2017. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the Commission considered were whether the agreement met the good faith bargaining requirement, was within the scope of the authorised union, and complied with the substantive provisions of the Act. The Commission also examined if the agreement provided for fair terms and conditions of employment, and if it included any unfair provisions. Additionally, the Commission assessed if the agreement would have a detrimental effect on the small business.

The Fair Work Commission determined that the proposed agreement was the product of good faith bargaining and was within the scope of the authorised union. The Commission found that the agreement contained fair terms and conditions of employment and did not include any unfair provisions. However, the Commission did note that the agreement might have a detrimental effect on the small business. Despite this, the Commission approved the agreement on the basis that the benefits to the employees outweighed the potential detriment to the small business. The Commission concluded that the proposed agreement was in the best interests of the employees and should be approved.

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