DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5506)

BRITEASH PTY LTD T/A CARPETS AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Briteash Pty Ltd t/a Mr Carpets and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Briteash Pty Ltd t/a Mr Carpets and CFMEU Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Briteash Pty Ltd t/a Mr Carpets and CFMEU Enterprise Agreement 2016. The respondents, the employer, opposed the application on the basis that the agreement had not been fairly negotiated. The matter was heard by the Fair Work Commission (FWC). The central issue before the FWC was whether the agreement had been fairly negotiated in accordance with the Fair Work Act 2009 (Cth). The FWC had to determine if there was evidence of coercion, duress, or other factors that could have compromised the fairness of the negotiation process.

After considering the evidence presented, the FWC found that there was no evidence of unfair conduct during the negotiation process. The applicants demonstrated that the agreement had been negotiated in good faith and that the process was free from coercion or undue influence. The FWC also noted that the agreement contained provisions that were in line with industry standards and were beneficial to both parties. As such, the FWC approved the application, finding that the agreement met the requirements of the Act.

The FWC's decision was based on a comprehensive review of the negotiation process and the content of the agreement. The FWC found that the applicants had acted in accordance with the principles of good faith bargaining and that the agreement reflected a fair and reasonable outcome for both parties. The employer's objections were dismissed, and the agreement was approved as a registered agreement under the Act.

The FWC ordered that the Briteash Pty Ltd t/a Mr Carpets and CFMEU Enterprise Agreement 2016 be approved and registered, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would remain in force until superseded by a new agreement or until terminated in accordance with the provisions of the Fair Work Act 2009 (Cth).

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