Construction, Forestry, Mining and Energy Union

[2013] FWCA 5095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2038)

IN VOGUE BLINDS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 26 JULY 2013

Application for approval of the In Vogue Blinds Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the In Vogue Blinds 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 2 August 2013. The nominal expiry date of the Agreement is 31 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the In Vogue Blinds Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012. The parties involved were the Construction, Forestry, Mining and Energy Union, acting as the employer's representative, and In Vogue Blinds Pty Ltd, the employer. The dispute was heard in the Fair Work Commission, which is the relevant tribunal for employment-related matters in Australia. The union sought approval for the enterprise agreement, which aimed to set out the terms and conditions of employment for workers within the specified industries.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for registration under section 231 of the Act. This involved examining the agreement's provisions to ensure they did not unfairly discriminate against employees, contained appropriate dispute resolution processes, and were made in good faith. Additionally, the Commission considered whether the agreement had been appropriately bargained and if it provided for minimum entitlements for employees.

The Fair Work Commission found that the In Vogue Blinds Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012 met the statutory requirements for approval. The agreement was deemed to have been made in good faith and contained appropriate provisions for dispute resolution. The Commission also determined that the agreement did not unfairly discriminate against employees and provided for their minimum entitlements. Consequently, the application for approval was granted, and the enterprise agreement was registered under the Fair Work Act 2009.

The Fair Work Commission approved the In Vogue Blinds Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012, thereby resolving the dispute. The agreement was found to comply with the requirements of the Fair Work Act 2009, including the criteria for registration, non-discrimination, dispute resolution, and good faith bargaining. The decision ensured that the terms and conditions of employment for workers in the specified industries were properly governed by the registered enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established