DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1645)

CREATIVE JOINERY UNIT TRUST (THE TRUSTEE FOR) T/AS CREATIVE JOINERY GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the Creative Joinery Unit Trust (The Trustee For) T/As Creative Joinery Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Creative Joinery Unit Trust (The Trustee For) T/As Creative Joinery Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 29 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Creative Joinery Unit Trust, trading as Creative Joinery Group Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the approval of their enterprise agreement. The dispute centred on whether the proposed terms and conditions of employment were fair and reasonable, and whether they complied with the relevant industrial legislation.

The legal issues at hand were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically focusing on the fairness test and whether the agreement provided for minimum terms and conditions that were no less favourable than those provided for in the applicable awards or safety nets. The court also needed to consider whether the agreement allowed for genuine flexibility in the workplace and whether it provided for the protection of employees' rights.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission acknowledged the parties' efforts to reach a negotiated agreement and recognised the need for flexibility in the industry. The agreement was deemed to provide for minimum terms and conditions that were no less favourable than those provided for in the relevant awards, and it included provisions that protected employees' rights. The Commission approved the agreement, emphasising the importance of good faith bargaining and the need to balance the interests of both employers and employees.

The Fair Work Commission approved the Creative Joinery Unit Trust and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 July 2016 to 30 June 2018. The Commission highlighted the importance of fair work practices and the role of enterprise agreements in achieving better outcomes for both employers and employees in the construction industry.

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