DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8346)

AUSTRAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Austral 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 (CFMEU) sought approval of a collective agreement with Austral Interiors Pty Ltd, spanning from 2014 to 2017. The dispute reached the Fair Work Commission, which was tasked with assessing the agreement's compliance with the Fair Work Act 2009. The primary focus was on whether the agreement met the statutory requirements and whether it could be considered a genuine agreement reached through proper bargaining processes.

The legal issues before the court involved verifying whether the agreement was genuinely negotiated, whether it adhered to the terms of the Fair Work Act, and if the agreement included all mandatory terms as required by the Act. The court also needed to determine whether the agreement was fair and balanced, taking into account the interests of both employers and employees.

The Commission found that the agreement was genuinely negotiated and met all statutory requirements. It was determined that the agreement was fair and balanced, considering the interests of both parties. The Commission concluded that the agreement provided adequate protections and benefits to employees, and it was in line with the provisions of the Fair Work Act. Consequently, the Commission approved the collective agreement, recognising it as a valid and legally binding contract between Austral Interiors Pty Ltd and the CFMEU.

The Fair Work Commission approved the Austral Interiors Pty Ltd / CFMEU Collective Agreement 2014 - 2017, recognising it as a genuine agreement that met all statutory requirements and was fair and balanced. This decision ensured that the agreement would serve as a legally binding contract between the parties, providing protections and benefits to employees in accordance with the Fair Work Act.

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