DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3145)

HERITAGE WALLPAPER PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2017

Application for approval of the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 13 September 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a collective agreement between Heritage Wallpaper Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2019. The CFMEU sought approval of the agreement, which had been negotiated and agreed upon by the parties, to ensure it complied with relevant legislative provisions and would not unfairly disadvantage any party. The Commission was tasked with ensuring the agreement adhered to the Fair Work Act 2009 and provided for the fair and efficient resolution of workplace issues.

The key legal issues the Commission needed to address were whether the collective agreement complied with the statutory requirements under the Fair Work Act and whether the agreement was made in good faith. The Commission considered whether the agreement appropriately balanced the interests of the employer and employees and whether it provided for a fair and efficient means of resolving workplace issues. The Commission also examined whether the agreement included provisions that were overly restrictive or punitive, which could be seen as unfairly disadvantaging either party.

In reaching its decision, the Commission noted the comprehensive nature of the agreement and the apparent good faith negotiations between the parties. The Commission emphasised the importance of balancing the rights and interests of both employers and employees in collective bargaining. After careful consideration, the Commission determined that the agreement met the necessary statutory requirements and was made in good faith. The Commission found that the agreement appropriately balanced the interests of both parties and provided for a fair and efficient means of resolving workplace issues.

The Commission approved the Heritage Wallpaper Pty Ltd and CFMEU Union Collective Agreement 2015-2019, subject to the terms and conditions set out in the agreement. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the resolution of workplace issues during the specified period. The decision underscores the importance of ensuring that collective agreements comply with legislative requirements and are made in good faith to protect the interests of both employers and employees.

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