DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6629)

BLUE WREN HOLDINGS PTY LTD T/A CIVIC SHOWER SCREENS AND WARDROBES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Blue Wren Holdings Pty Ltd T/A Civic Shower Screens and Wardrobes and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Blue Wren Holdings Pty Ltd T/A Civic Shower Screens and Wardrobes and CFMEU Union Collective Agreement 2015 - 2019 (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 7 November 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Blue Wren Holdings Pty Ltd T/A Civic Shower Screens and Wardrobes and the Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement 2015-2019. The dispute arose within the Fair Work Commission (FWC), the federal workplace relations tribunal of Australia.

The key legal issues addressed by the FWC were whether the collective agreement met the statutory requirements under the Fair Work Act 2009 (Cth) and whether the agreement was in the best interests of the employees. The court had to consider if the agreement appropriately balanced the interests of both the employer and the employees, including ensuring that it complied with the Fair Work Act's provisions on good faith bargaining, non-discrimination, and procedural fairness.

The FWC assessed the collective agreement provisions against the statutory criteria and found that the agreement met the legislative requirements. The Commission considered that the agreement was fair and reasonable, providing appropriate protections and benefits to the employees while also considering the employer's need for operational flexibility. The FWC approved the collective agreement, concluding it was in the best interests of the employees involved.

The FWC's final order was the approval of the Blue Wren Holdings Pty Ltd T/A Civic Shower Screens and Wardrobes and CFMEU Union Collective Agreement 2015-2019, effective from the date of the decision. The Commission's approval was based on the agreement's compliance with the Fair Work Act and its fair and reasonable nature for the employees.

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