Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7229)

THE TRUSTEE FOR D & I SHOPFITTING FAMILY TRUST T/A D & I SHOPFITTING AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building services
COMMISSIONER ROBERTS	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the Trustee for D & I Shopfitting Family Trust t/a D & I Shopfitting and CFMEU union collective agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for D & I Shopfitting Family Trust t/a D & I Shopfitting and CFMEU union collective agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union (CFMEU). 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 as is relevant to this application for approval has been met.

[3] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission (FWC) for a collective agreement between the D & I Shopfitting Family Trust and the CFMEU. The Trust operated a family business in shopfitting, and the CFMEU represented the employees. The parties had negotiated a collective agreement for the period 2014-2018, which the Trust and the CFMEU submitted to the FWC for approval. The FWC was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the collective agreement complied with the requirements of the Fair Work Act. Specifically, the FWC had to determine if the agreement contained the necessary "protected action provisions," which safeguard employees' rights during industrial action. The FWC also had to assess whether the agreement was genuinely negotiated and if it included all necessary terms and conditions of employment.

In its decision, the FWC found that the collective agreement met the requirements for approval. The agreement included adequate protected action provisions, which protected employees' rights during industrial action. The FWC was satisfied that the agreement had been genuinely negotiated between the parties, and it contained all necessary terms and conditions of employment. The FWC noted that the agreement provided for fair and reasonable terms for both the employees and the employer. Consequently, the FWC approved the collective agreement.

The FWC approved the collective agreement between the D & I Shopfitting Family Trust and the CFMEU, effective from the period 2014-2018. The FWC's decision confirmed that the agreement met the statutory requirements under the Fair Work Act and provided fair and reasonable terms for both parties.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established