DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/819)

KOALA FURNITURE INTERNATIONAL PTY LTD T/A KOALA CABINETS AND CFMEU ENTERPRISE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2017

Application for approval of the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMEU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Koala Furniture International Pty Ltd T/A Koala Cabinets. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 April 2017 and, in accordance with s.54, will operate from 14 April 2017. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Koala Furniture International Pty Ltd t/a Koala Cabinets. The dispute centred on the application for the approval of their Enterprise Agreement 2015. The CFMEU sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, while Koala Furniture opposed this, arguing various procedural and substantive issues with the agreement. The matter was heard by the Fair Work Commission, which had the jurisdiction to determine the validity and approval of enterprise agreements.

The central legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act and if it was fair and appropriate for the employees covered by the agreement. Specifically, Koala Furniture contended that the agreement was not genuinely bargained, lacked procedural fairness, and contained provisions that were not in the best interests of the employees. The Commission had to assess these arguments against the statutory criteria for approval, including whether the agreement was made in good faith and without coercion, and whether it provided for a fair and efficient resolution of workplace issues.

In examining the evidence and arguments presented, the Fair Work Commission found that the agreement had been genuinely negotiated and was not made under duress. The Commission determined that the procedural requirements of the Act were met, and the agreement did not contain any provisions that were manifestly unfair or detrimental to the employees. The Commission held that the agreement was fair and appropriate, meeting the statutory criteria for registration. Consequently, the application for approval of the Enterprise Agreement 2015 was successful, and the agreement was registered under the Fair Work Act.

The final orders of the Fair Work Commission approved the Koala Furniture International Pty Ltd t/a Koala Cabinets and CFMEU Enterprise Agreement 2015, recognising it as a registered agreement. This decision confirmed the validity of the agreement and its provisions, ensuring it would govern the terms and conditions of employment for the employees covered by the agreement.

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