Construction, Forestry, Mining and Energy Union

[2013] FWCA 1853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5737)

NM SHOPFITTINGS TRUST (THE TRUSTEE FOR) T/AS NM SHOPFITTINGS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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). 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 CFMEU, 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, will operate from 3 April 2013. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application for approval of the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The application was brought before the Fair Work Commission, which is responsible for overseeing and regulating employment agreements and industrial relations in Australia. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement, which was negotiated between the union and the employer, NM Shopfittings.

The legal issues that the Fair Work Commission had to determine were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to establish if the agreement provided for fair and reasonable terms and conditions of employment, if it was free from coercion and undue influence, and if it promoted harmonious, productive, and cooperative workplace relations. Additionally, the Commission had to consider if the agreement complied with the requirements for good faith bargaining, and if the union and employer had genuinely attempted to reach an agreement.

The Fair Work Commission found that the agreement was fair and reasonable, free from coercion and undue influence, and promoted harmonious, productive, and cooperative workplace relations. The Commission determined that the agreement provided for a fair and reasonable level of remuneration and conditions for the employees, taking into account the economic climate, the employer's financial position, and the need to maintain a competitive business. Furthermore, the Commission was satisfied that the union and employer had genuinely attempted to reach an agreement through good faith bargaining. As a result, the Fair Work Commission approved the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

The Fair Work Commission's decision to approve the agreement demonstrates the importance of reaching fair and reasonable agreements between employers and employees, which promote harmonious, productive, and cooperative workplace relations. By taking into account various factors, such as the economic climate and the employer's financial position, the Commission ensures that the agreement is balanced and fair for both parties. This decision sets a precedent for future agreements and highlights the role of the Fair Work Commission in overseeing and regulating employment agreements and industrial relations in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established