DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5883)

OZ COMMERCIAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Oz Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Oz Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 19 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement between Oz Commercial Interiors Pty Ltd and the union for the period 2017-2018. The agreement was submitted under the Fair Work Act 2009, which mandates that agreements must be approved by the Fair Work Commission if they are to have the full force and effect of a registered agreement. The dispute centred on the contents of the agreement and whether it complied with the statutory requirements for approval.

The legal issues before the Commission included whether the agreement was genuinely a product of bargaining between the parties, whether it complied with the terms of the Act, and if the agreement covered appropriate subjects. The Commission examined the evidence of the parties and the terms of the agreement to determine if the agreement met the statutory criteria.

The Commission found that the agreement was genuinely a product of bargaining between the parties, as evidenced by the negotiations and correspondence between the parties. The agreement was also found to comply with the terms of the Act and covered appropriate subjects. The Commission approved the agreement, finding that it met all the criteria for approval under the Act. The Commission noted that the agreement contained provisions that went beyond the minimum terms and conditions set out in the relevant award, which was a positive outcome for both parties.

The Fair Work Commission approved the Oz Commercial Interiors Pty Ltd / CFMEU Collective Agreement 2017-2018. The agreement was registered and had the full force and effect of a registered agreement under the Fair Work Act 2009. The approval of the agreement provided certainty and stability for both the employer and the employees, and ensured that the agreement met the statutory requirements for approval.

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