DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/840)

THE TRUSTEE FOR SUN JOINERY TRADING TRUST T/A SUN JOINERY AND SUN COMMERCIAL JOINERY AND ALL OTHER RELATED ENTITIES AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 MARCH 2017

Application for approval of The Trustee for Sun Joinery Trading Trust T/A Sun Joinery and Sun Commercial Joinery and all other Related Entities and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Sun Joinery Trading Trust T/A Sun Joinery and Sun Commercial Joinery and all other Related Entities 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 4 April 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a union collective agreement between The Trustee for Sun Joinery Trading Trust trading as Sun Joinery and Sun Commercial Joinery and all other related entities and the Construction, Forestry, Mining and Energy Union. The agreement in question was the CFMEU Union Collective Agreement 2015-2019. The dispute arose from the procedural fairness of the process through which the agreement was negotiated and the appropriateness of the terms contained within it. The Fair Work Commission was tasked with determining whether the agreement was made in good faith and whether it was in the best interests of the employees covered by it.

The central legal issues before the Commission were whether the negotiation process was conducted fairly and in good faith and whether the terms of the agreement were reasonable in all the circumstances. The Commission had to assess the conduct of the parties during the negotiation process, the fairness of the agreement's terms, and whether the agreement met the statutory requirements for approval. Furthermore, the Commission needed to consider whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the standard of being in the best interests of the employees.

In reaching its decision, the Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement's terms were reasonable. The Commission emphasised that the agreement had been negotiated between parties with equal bargaining power and that it provided for fair and equitable outcomes for the employees. The Commission also noted that the agreement contained provisions that went beyond the minimum requirements of the Fair Work Act, including provisions for dispute resolution, health and safety, and training. The Commission concluded that the agreement was made in good faith and was in the best interests of the employees. Consequently, the Commission approved the CFMEU Union Collective Agreement 2015-2019.

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