DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6028)

OZ COMMERCIAL INTERIORS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2016 - 2017 (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 14 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the approval of a collective agreement between Oz Commercial Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the terms and conditions set out in the agreement complied with the relevant legislative requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fair and reasonable in all its terms, including provisions related to wages, conditions of employment, and dispute resolution mechanisms. The decision was pivotal for setting a precedent in the industry, impacting similar agreements and the broader employment landscape.

The key legal issues the Commission addressed were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements for approval. The Commission needed to consider if the agreement met the criteria for fairness as outlined in the Fair Work Act, including whether it balanced the interests of both the employer and employees. Additionally, the Commission examined if the agreement was consistent with public policy and if it had been negotiated in good faith. The interpretation of these criteria was central to the Commission's analysis.

In its decision, the Fair Work Commission meticulously reviewed the collective agreement, assessing each clause against the legislative standards for fairness and reasonableness. The Commission found that the agreement, while generally fair, contained certain provisions that did not meet the statutory requirements. Specifically, the Commission identified issues with the dispute resolution mechanisms and some wage provisions. After negotiating amendments to address these concerns, the Commission concluded that the revised agreement was fair and reasonable, meeting all necessary criteria. Consequently, the Commission approved the agreement, subject to the negotiated changes, ensuring compliance with the Fair Work Act.

The final orders of the Commission included the approval of the amended Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2016-2017, contingent upon the implementation of the negotiated changes. This decision provided clarity on the expectations for collective agreements in the industry, reinforcing the importance of balancing employer and employee interests while adhering to legislative standards.

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