DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6703)

123 SHOPFITTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the 123 Shopfitting Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the 123 Shopfitting Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the 123 Shopfitting Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018. The applicant, the union, argued that the agreement was made in good faith and met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement was appropriately negotiated and if it complied with the relevant provisions of the Act.

The primary legal issues the court had to address were whether the collective agreement was genuinely negotiated and if it adhered to the procedural and substantive requirements outlined in the Fair Work Act. Specifically, the court examined the process of negotiation, the representation of the parties, and whether the agreement contained provisions that were contrary to public policy or that breached any minimum entitlements set by the Act.

The court found that the collective agreement was indeed negotiated in good faith and that all procedural requirements were met. The agreement was examined for its content and was found to comply with the Act's provisions. The court highlighted that the agreement included provisions for minimum wage rates, penalty rates, and other employment conditions that were consistent with the Fair Work Act. The court also noted that the agreement did not contain any provisions that were contrary to public policy or that breached any minimum entitlements.

Consequently, the Fair Work Commission approved the collective agreement. The union's application was successful, and the agreement was registered, effective from the stipulated dates.

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