DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7225)

PERFECT AUSTRALIAN WARDROBES & SHOWER SCREENS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Perfect Australian Wardrobes & Shower Screens Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Perfect Australian Wardrobes & Shower Screens Pty Ltd and CFMEU Enterprise Agreement 2016 (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 15 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Perfect Australian Wardrobes & Shower Screens Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute arose between the employer, Perfect Australian Wardrobes & Shower Screens Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU), representing the employees. The primary focus of the dispute was whether the enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court required determining if the agreement provided for fair and reasonable terms and conditions of employment. This included ensuring that the agreement was free from any elements of coercion, undue influence, or any other form of unfair bargaining. The court also had to consider whether the agreement adequately addressed minimum wage rates, penalty rates, and other essential employment terms as required by the Fair Work Act.

In evaluating the application, the court examined the bargaining process, the content of the agreement, and its compliance with the statutory requirements. The court found that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable for the employees. The agreement included detailed terms regarding wages, penalty rates, leave entitlements, and other conditions of employment. The court was satisfied that the agreement met the legal standards for approval, taking into account the specific industry context and the legitimate interests of both parties.

Consequently, the court approved the enterprise agreement, recognising its validity and effectiveness in regulating the employment relationship between the employer and the employees. The final orders of the court mandated the enforcement of the agreement, ensuring that both parties abide by its terms. This decision provided clarity and legal certainty for the employer and the union, allowing them to proceed with the implementation of the agreed terms.

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