DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3358)

ESI LIFESTYLE PTY LTD T/AS ESI LIFESTYLE AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2017

Application for approval of the ESI Lifestyle Pty Ltd T/As ESI Lifestyle and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the ESI Lifestyle Pty Ltd T/As ESI Lifestyle and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015 - 2018 (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 1 September 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of the ESI Lifestyle Pty Ltd T/As ESI Lifestyle and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015 - 2018. ESI Lifestyle Pty Ltd, represented by its director, sought the approval, while the Construction, Forestry, Mining and Energy Union (CFMEU) supported it. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009. The Commission was required to determine if the agreement was a genuine enterprise agreement, free from prohibited content, and if it complied with the procedural requirements for approval.

The central legal issue was whether the agreement was a genuine enterprise agreement, as defined in the Act. This required the Commission to assess if the agreement was made by an appropriate bargaining representative of the employees and if it covered a single enterprise. Additionally, the Commission had to examine whether the agreement contained any prohibited content, such as provisions that would undermine the operation of the Act or be detrimental to employees. The procedural aspects of the application, including the proper notification and consultation processes, were also scrutinised to ensure compliance with the legislative requirements.

After careful consideration, the Commission found that the agreement was a genuine enterprise agreement, meeting all the necessary criteria. The agreement was properly made by the appropriate bargaining representative and covered a single enterprise. Importantly, the agreement did not contain any prohibited content and complied with all procedural requirements. Consequently, the Commission approved the agreement, enabling it to be registered and enforced as a binding enterprise agreement.

The Fair Work Commission approved the ESI Lifestyle Pty Ltd T/As ESI Lifestyle and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015 - 2018. This decision ensures the agreement can be registered and enforced as a binding enterprise agreement, providing a framework for the employment terms and conditions of the relevant 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