DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7385)

CARDS (VIC) PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Cards (Vic) Pty Ltd 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 Cards (Vic) Pty Ltd 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 14 December 2016. 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Cards (Vic) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 before the Fair Work Commission. The agreement, which was the subject of a dispute between the union and the employer, was being contested for its compliance with relevant industrial legislation. The CFMEU argued that the agreement was necessary for the fair and equitable treatment of employees, while the employer raised objections regarding specific clauses.

The primary legal issue before the court was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved examining the agreement's provisions to determine if they met the criteria for "genuine agreement" and if they contained mandatory terms that were not permissible under the legislation. The court also needed to assess if the agreement provided for a fair and efficient means of resolving disputes between the parties.

After reviewing the evidence and arguments presented by both parties, the court found that the agreement largely complied with the relevant legislation. The court determined that the agreement contained provisions that were genuine and necessary for the fair and equitable treatment of employees. However, the court also identified certain clauses that did not comply with the Fair Work Act and Fair Work Regulations, particularly those that restricted the employer's ability to manage its business. These clauses were deemed to be invalid, and the court made orders to remove them from the agreement. Consequently, the court approved the agreement with the invalid clauses removed, ensuring compliance with industrial legislation while addressing the concerns raised by the employer.

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