Construction, Forestry, Mining and Energy Union

[2013] FWCA 468

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4391)

GP CABINETS & JOINERY PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 JANUARY 2013

Application for approval of the GP Cabinets & Joinery 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 GP Cabinets & Joinery 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 29 January 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 applicant, GP Cabinets & Joinery Pty Ltd, sought approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The respondent, the Construction, Forestry, Mining and Energy Union, opposed the application. The Fair Work Commission heard the matter. The dispute centred on the terms of the proposed enterprise agreement and whether it should be approved by the Commission. The key issues included the appropriateness of the agreement's terms, its compliance with the Fair Work Act 2009, and whether it met the better off, overall test. The Commission examined the evidence and arguments presented by both parties, focusing on whether the agreement provided a fair and reasonable outcome for the employees involved.

The Fair Work Commission determined that the proposed enterprise agreement was fair and reasonable. It concluded that the agreement met the better off, overall test, as it provided for improvements in wages and conditions for the employees. The Commission found that the agreement's terms were fair and reasonable, and it complied with the requirements of the Fair Work Act 2009. The Commission also considered the views of the employees and the impact of the agreement on their working conditions and remuneration. Ultimately, the Commission approved the application for the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

The Fair Work Commission's decision was based on a thorough analysis of the evidence and arguments presented by both parties. The Commission found that the proposed agreement was fair and reasonable, and it met the statutory requirements for approval. The Commission also considered the views of the employees and the potential impact of the agreement on their working conditions and remuneration. The Commission approved the application for the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014, as it believed that the agreement provided a fair and reasonable outcome for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established