DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5539)

LIBRA INTERIORS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Libra 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 15 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of a collective agreement between Libra Interiors Pty. Ltd. and the Construction, Forestry, Mining and Energy Union for the period of 2017 to 2018. The application was brought by the union, and the employer did not contest the application. The central dispute centred around whether the terms of the collective agreement met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was consistent with the Fair Work Act and did not adversely affect the employer's operational flexibility or the employees' rights.

The legal issues before the Commission included verifying that the agreement contained the necessary certification provisions, ensuring that the agreement did not undermine the employer's ability to conduct its business, and confirming that the agreement did not have any provisions that were contrary to the principles of the Fair Work Act. Additionally, the Commission needed to assess if the agreement provided for a fair and equitable resolution of workplace issues and if it adhered to the good faith bargaining principles. The union argued that the agreement reflected fair and reasonable terms negotiated in good faith, while the employer did not oppose the agreement, implicitly supporting its terms.

Upon reviewing the agreement, the Commission found that it met the legislative requirements for approval. The agreement contained the necessary certification provisions and did not impair the employer's operational flexibility. Furthermore, the Commission confirmed that the agreement did not include any provisions that contravened the principles of the Fair Work Act. The terms were deemed fair and equitable, reflecting the outcome of good faith bargaining between the parties. Consequently, the Commission approved the collective agreement, finding it to be in compliance with the statutory requirements.

The Fair Work Commission approved the collective agreement between Libra Interiors Pty. Ltd. and the Construction, Forestry, Mining and Energy Union for the period of 2017 to 2018, certifying it under the Fair Work Act 2009. The terms of the agreement were found to be consistent with the legislative framework, fair, and negotiated in good faith, thereby meeting all criteria for approval. The Commission's decision was final and binding, setting the terms of employment for the specified period.

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