DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6205)

MELBOURNE COMMERCIAL CARPETS AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Melbourne Commercial Carpets and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Commercial 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] 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 20 October 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Melbourne Commercial Carpets Pty Ltd. The dispute was brought before the Fair Work Commission by the CFMEU, who sought approval of the agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval as set out in the legislation.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the public interest, and if so, whether these provisions were minor and insubstantial such that they could be disregarded under section 234 of the Fair Work Act. The CFMEU argued that the agreement was in the best interests of the employees and did not contravene any relevant laws or public policy considerations. Conversely, the employer raised concerns about certain provisions of the agreement, including those relating to wages, hours of work, and other employment conditions.

In reaching its decision, the Commission considered the overall purpose and effect of the agreement, as well as the specific provisions that were in contention. The Commission found that while some of the provisions raised legitimate concerns, they were not so significant as to render the entire agreement invalid. The Commission determined that the benefits of the agreement to the employees outweighed any potential detriments, and that the agreement was in the best interests of the employees overall. Accordingly, the Commission approved the enterprise agreement, subject to certain modifications to address the concerns raised by the employer.

The Fair Work Commission approved the Melbourne Commercial Carpets and CFMEU Enterprise Agreement 2016, with modifications to certain provisions. The Commission found that, while some of the provisions raised concerns, the overall benefits of the agreement to the employees outweighed any potential detriments. The employer's objections were addressed through specific modifications to the agreement, ensuring that it met the requirements of the Fair Work Act and was in the best interests of 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