DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5517)

EXPRESS INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Express 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 1 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Express Interiors Pty Ltd / CFMEU Collective Agreement 2017-2018. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009 (Cth). The applicant argued that the agreement was made in good faith and contained provisions that were fair and reasonable.

The legal issues before the FWC were whether the agreement was made in good faith, and whether the provisions of the agreement were fair and reasonable. The applicant argued that the agreement was made in good faith, and that the provisions of the agreement were fair and reasonable. The respondent, Express Interiors Pty Ltd, did not oppose the application and did not raise any objections to the agreement.

The FWC considered the evidence and submissions from both parties and found that the agreement was made in good faith and contained provisions that were fair and reasonable. The FWC noted that the agreement had been negotiated between the parties over a period of time, and that the applicant had provided evidence of the negotiation process. The FWC also found that the provisions of the agreement were consistent with industry standards and practices, and that there was no evidence to suggest that the agreement was unreasonable or unfair to either party.

The FWC approved the Express Interiors Pty Ltd / CFMEU Collective Agreement 2017-2018 as a registered agreement under the Fair Work Act 2009 (Cth). The agreement was registered on 28 February 2017, and is in effect until 31 December 2018. The FWC noted that the agreement provided for a fair and reasonable framework for the employment of workers in the Express Interiors Pty Ltd business, and that it would promote harmonious, productive and cooperative workplace relations.

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