DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7265)

H TROON PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the H Troon Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the H Troon Pty Ltd and the CFMEU Shop Fitting Manufacturing 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 12 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 parties in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and H Troon Pty Ltd. The nature of the dispute was an application for approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission of Australia.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the procedural and substantive provisions of the Act. Procedurally, the Commission had to be satisfied that the agreement was made in good faith and without any coercion. Substantively, the agreement had to address the essential matters outlined in the Act, including minimum rates of pay, classification, and other terms and conditions of employment.

The Commission concluded that the agreement satisfied the necessary criteria for approval. The CFMEU and H Troon Pty Ltd had engaged in genuine negotiations, and the agreement was made without any coercion. Additionally, the agreement addressed the essential matters required by the Act, including provisions for minimum wages, classification, and other employment terms. The Commission determined that the agreement was fair and reasonable, and approved it under section 234 of the Fair Work Act 2009.

The Commission issued an order approving the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2016-2018, effective from the date of the decision. The order mandated that the agreement be registered with the Fair Work Commission and applied to the relevant employees and employers. The decision provides clarity for the parties involved and establishes a framework for future negotiations and agreements in the industry.

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