DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2661)

PRECISION SHOWER SCREENS & ROBES PTY LTD AND CFMEU (FFPD) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2017

Application for approval of the Precision Shower Screens & Robes Pty Ltd and CFMEU (FFPD) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Precision Shower Screens & Robes Pty Ltd and CFMEU (FFPD) Enterprise Agreement 2016 (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 21 July 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Precision Shower Screens & Robes Pty Ltd and the Construction, Forestry, Mining and Energy Union (FFPD). The agreement was proposed for the employees of Precision Shower Screens & Robes Pty Ltd, and it was brought to the commission by the union. The key issues in the case centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for appropriate minimum terms and conditions of employment, and that it was free from any illegal content or discriminatory provisions.

The commission was required to assess the agreement against various statutory provisions to determine its validity. The legal issues primarily revolved around the adequacy of the proposed terms and conditions, the compliance with the requirements of the Fair Work Act, and whether the agreement had been made in accordance with the processes outlined in the Act. The commission also needed to ensure that the agreement did not contain any illegal content, such as terms that would circumvent existing industrial awards or agreements.

In its decision, the commission examined the provisions of the proposed agreement in detail. It considered whether the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award. The commission also assessed the procedural fairness of the bargaining process and verified that the agreement had been made genuinely for the purpose of regulating the relationship between the employer and the employees. Ultimately, the commission found that the agreement met all the necessary legal requirements and was free from any illegal content or discriminatory provisions. The commission approved the agreement, highlighting its compliance with the statutory framework and the fairness of the proposed terms and conditions.

The final orders of the commission were to approve the Precision Shower Screens & Robes Pty Ltd and CFMEU (FFPD) Enterprise Agreement 2016, effective from the date of the decision. The agreement was registered on the Register of Approved Agreements, thereby legally binding the parties and providing a framework for the employment 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