Construction, Forestry, Mining and Energy Union

[2013] FWCA 5610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2294)

NEWDEN INTERIORS PTY LTD AND CFMEU- FFPD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 13 AUGUST 2013

Application for approval of the Newden Interiors Pty Ltd and CFMEU- FFPD Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Newden Interiors Pty Ltd and CFMEU- FFPD Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU).

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

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 20 August 2013. The nominal expiry date of the Agreement is 31 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Newden Interiors Pty Ltd, with the CFMEU seeking approval of the Enterprise Agreement between the two parties. The Fair Work Commission (FWC) was the tribunal hearing the application. The primary legal issue was whether the Enterprise Agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum entitlements and the proper process for agreement formation. The CFMEU argued that the agreement was fair and balanced, while Newden Interiors Pty Ltd contended that certain clauses did not comply with the Act.

The FWC examined the agreement's compliance with the Act, particularly focusing on the minimum entitlements outlined within it. The court considered whether the agreement provided for terms and conditions that were at least equal to the relevant award or registered agreement and whether it was made in good faith and without coercion. Additionally, the FWC assessed if the agreement-making process was procedurally sound, ensuring that both parties had genuinely negotiated and agreed to the terms. The court held that the agreement was fair and met the statutory requirements, emphasising the importance of the negotiation process and the balance of entitlements provided.

In its decision, the FWC found that the Enterprise Agreement was fair and balanced, meeting all statutory requirements under the Fair Work Act 2009. The court approved the agreement, noting that it provided for minimum entitlements that were at least equal to the relevant award and was made in good faith. The FWC also confirmed that the agreement-making process was procedurally sound, with both parties genuinely negotiating the terms. As a result, the application for approval of the Enterprise Agreement was successful, and the agreement was endorsed by the tribunal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established