Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5304)

FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/AS FOUR SEASONS COMMERCIAL INTERIORS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MARCH 2013

Application for approval of the Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors 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 Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors 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 19 March 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 parties involved in the application before the Fair Work Commission were the Four Seasons Commercial Interiors Unit Trust trading as Four Seasons Commercial Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute pertained to the approval of an enterprise agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval, including that it was made in good faith and provided for a fair and efficient workplace. The application was heard and determined by the Fair Work Commission.

The legal issues that the Commission had to address included whether the agreement was free from any improper influence or coercion, whether it provided for fair and efficient workplaces, and whether it was made in good faith. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act, including the provisions relating to the protection of employees' rights. The Commission needed to be satisfied that the agreement was in the best interests of the employees and the employer and that it would promote a productive and harmonious workplace.

In reaching its decision, the Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The Commission was satisfied that the agreement was free from any improper influence or coercion and that it complied with the provisions of the Fair Work Act. The Commission considered the evidence and submissions from both parties and was satisfied that the agreement was in the best interests of the employees and the employer. The Commission approved the application for the enterprise agreement to be registered.

The Fair Work Commission approved the application for the enterprise agreement to be registered and made an order accordingly. The order confirmed that the Four Seasons Commercial Interiors Unit Trust trading as Four Seasons Commercial Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union had entered into a valid and enforceable enterprise agreement. The Commission's decision provided certainty and clarity to both parties and ensured that the agreement would promote a productive and harmonious workplace.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established