DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/284)

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD T/AS HAYS PERSONNEL SERVICES AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Hays Specialist Recruitment (Australia) Pty Ltd T/As Hays Personnel Services and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hays Specialist Recruitment (Australia) Pty Ltd T/As Hays Personnel Services and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 24 February 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU) and Hays Specialist Recruitment (Australia) Pty Ltd T/As Hays Personnel Services, sought approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission, which is the body responsible for overseeing the approval of enterprise agreements in Australia.

The primary legal issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The commission had to consider whether the agreement was in the public interest and whether it complied with the procedural requirements for approval. The commission also had to consider whether the agreement provided for appropriate minimum terms and conditions of employment, and whether it met the requirements for good faith bargaining.

The commission found that the agreement met all the necessary criteria for approval. The commission noted that the agreement provided for appropriate minimum terms and conditions of employment, and that it was in the public interest. The commission also found that the agreement was the product of good faith bargaining between the parties, and that it complied with the procedural requirements for approval. The commission therefore approved the agreement, subject to certain modifications to address minor technical issues.

The final orders of the commission were that the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 be approved, subject to the modifications made by the commission. The parties were directed to take all necessary steps to give effect to the approved agreement, and the commission reserved the right to intervene if it appeared that the agreement was not being properly implemented.

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