DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7557)

KOALA FURNITURE INTERNATIONAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Koala Furniture International 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 Koala Furniture International 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 22 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of an enterprise agreement with Koala Furniture International Pty Ltd, under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, a tribunal with specialist industrial jurisdiction. The core issue was whether the proposed enterprise agreement met the requirements of the Act, particularly whether it ensured fair and reasonable terms for employees and whether it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission evaluated the fairness of the agreement, taking into account the bargaining positions of the parties, the duration of the agreement, and the terms proposed. The agreement included provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement was made in good faith and whether it was free from coercion or undue influence. Furthermore, the Commission scrutinised the agreement to ensure it did not contravene any provisions of the Fair Work Act or the Fair Work (Registered Organisations) Act.

After thorough examination, the Commission found that the agreement was fair and reasonable, and it approved the enterprise agreement. The Commission concluded that the terms and conditions were appropriate for the industry, taking into account the specific circumstances of the employer and the workforce. It also determined that the agreement was made in good faith and did not include any provisions that would undermine the rights or protections of the employees. The Commission's approval was based on its satisfaction that the agreement complied with all statutory requirements and provided for fair and reasonable terms for the employees.

As a result of the Commission's decision, the enterprise agreement was approved and became legally binding on the parties. This decision ensures that the terms and conditions of employment for the employees of Koala Furniture International Pty Ltd are governed by the agreed terms, providing a stable and predictable framework for industrial relations in the company.

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