DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3573)

DEKORFORM PTY LTD AGREEMENT 2017

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Dekorform Pty Ltd Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dekorform Pty Ltd Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 7 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union, which sought approval for the Dekorform Pty Ltd Agreement 2017. The agreement related to employees in the decorative contracting industry in New South Wales. The matter was heard in the Fair Work Commission of Australia. The primary issue before the commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated and agreed upon by the parties involved.

The commission considered the submissions and evidence from both the union and the employer, examining the provisions of the agreement against the criteria established by the Fair Work Act. The union argued that the agreement adequately protected the rights and interests of the employees, while the employer contended that the agreement was necessary to ensure the competitiveness and sustainability of their business. The commission found that the agreement provided for fair and reasonable terms and conditions of employment and was genuinely negotiated and agreed upon by the parties. The agreement included provisions for minimum wages, penalties for breaches, and a process for resolving disputes, which the commission deemed to be adequate.

Following its analysis, the commission approved the Dekorform Pty Ltd Agreement 2017, finding that it met the legal requirements for approval. The agreement was then registered, and it became a legally binding instrument governing the employment of workers in the decorative contracting industry in New South Wales. This decision demonstrated the commission's commitment to balancing the interests of employers and employees while ensuring that agreements comply with the Fair Work Act. The final orders of the commission included the registration of the Dekorform Pty Ltd Agreement 2017, which was to be in effect for a period of five years from the date of 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