DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8142)

PUZZLE INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Puzzle 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 sought approval of a collective agreement with Puzzle Interiors Pty Ltd, which was made in 2014 and was set to expire in 2017. The matter was brought before the Fair Work Commission. The crux of the dispute lay in certain provisions of the agreement that were deemed to potentially contravene existing employment laws and standards. The Union argued that the agreement was fair and balanced, while Puzzle Interiors Pty Ltd raised concerns about specific clauses, particularly those relating to employee entitlements and working conditions.

The Commission was tasked with determining whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Key issues included the interpretation of specific clauses, their alignment with minimum employment standards, and whether any provisions unfairly disadvantaged employees or employers. The Union contended that the agreement was a fair reflection of the negotiated terms between the parties, while Puzzle Interiors Pty Ltd sought amendments to certain provisions to ensure they did not conflict with statutory requirements.

The Commission examined each contested clause in detail, considering the broader context of the agreement and the principles of good faith bargaining. After a thorough analysis, the Commission found that while the majority of the agreement was fair and balanced, certain provisions indeed contravened the Fair Work Act. The Commission made specific orders to amend these clauses to ensure compliance with the law, while affirming the overall validity of the agreement. The decision underscored the importance of adherence to statutory standards in collective bargaining while recognising the legitimacy of negotiated agreements.

The Fair Work Commission approved the collective agreement subject to the specified amendments. The Union and Puzzle Interiors Pty Ltd were directed to negotiate and implement the necessary changes to the contested clauses within a specified timeframe. The decision emphasised the need for all parties to ensure that collective agreements align with the minimum standards set by employment legislation, while also affirming the principle of good faith bargaining.

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