DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6091)

G J JOINERY INSTALLATIONS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the G J Joinery Installations Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the G J Joinery Installations Pty Ltd and CFMEU Enterprise Agreement 2015 (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 was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between G J Joinery Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The core issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on its fairness and compliance with the safety net standards. The applicant, G J Joinery Installations Pty Ltd, sought to finalise the terms of employment and conditions of work with the CFMEU for their employees. The applicant argued that the agreement was fair and equitable, while the CFMEU contested certain provisions, primarily those related to pay rates and working conditions.

The Fair Work Commission had to determine if the agreement provided for fair and reasonable terms and conditions for employees, and whether it met the safety net standards prescribed by the Fair Work Act. This involved examining the content of the agreement, the bargaining process, and the extent to which the agreement protected employee interests. The Commission also needed to consider whether the agreement adequately reflected the balance of power between the parties and whether it complied with the procedural fairness requirements under the Act.

After thorough examination, the Commission found that the agreement met the statutory requirements for approval. It was concluded that the agreement provided for fair and reasonable terms and conditions, and that it complied with the safety net standards. The Commission noted that while some provisions were contested, the overall agreement was fair and balanced, reflecting the intent of the legislation to provide for fair work arrangements. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the G J Joinery Installations Pty Ltd and CFMEU Enterprise Agreement 2015, and it will now be binding on the parties and their employees. This decision ensures that the terms and conditions of employment are legally recognised and enforceable.

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