DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1356)

AUSTRALIAN JOINERY PRODUCTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 MAY 2017

Application for approval of the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 12 May 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Australian Joinery Products Pty Ltd and Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement 2015 - 2019. The applicant, Australian Joinery Products, sought to have the collective agreement, which outlined the terms and conditions of employment for its employees, approved by the Commission. The CFMEU opposed the application, arguing that the agreement did not meet certain statutory requirements.

The primary legal issue the Commission needed to address was whether the collective agreement complied with the Fair Work Act 2009, specifically in terms of the process through which it was negotiated and the content of the agreement itself. The CFMEU argued that the agreement did not meet the statutory requirements for negotiation and that certain provisions of the agreement were unfair. Australian Joinery Products, on the other hand, maintained that the agreement was fairly negotiated and complied with all relevant statutory provisions.

In considering the matter, the Commission examined the process through which the agreement was negotiated, as well as the content of the agreement itself. The Commission found that the negotiation process was fair and that the agreement contained provisions that were not unfair. The Commission also noted that the agreement contained provisions that were beneficial to both parties, such as provisions relating to redundancy payments and the protection of employees' rights. As a result, the Commission approved the collective agreement, finding that it met all statutory requirements and was not unfair.

The Commission's decision was significant for both parties, as it provided certainty and stability in their industrial relations arrangements. The approval of the collective agreement meant that the terms and conditions of employment for Australian Joinery Products' employees were set out in a legally binding document, which would govern their employment for the duration of the agreement. The Commission's decision also provided guidance to other employers and unions in relation to the negotiation and content of collective agreements.

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