DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6122)

BYRNES SHOPFITTERS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Byrnes Shopfitters Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Byrnes Shopfitters Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied to the Fair Work Commission for approval of a collective agreement with Byrnes Shopfitters Pty Ltd. Byrnes is a small business operating in the retail shopfitting industry. The CFMEU sought to establish a collective agreement to govern employment conditions for its workers. The application came before the Fair Work Commission, the body responsible for regulating and approving such agreements under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement met the statutory criteria for approval. These criteria include ensuring that the agreement does not adversely affect employees who are not members of the union, does not allow for the payment of less than the applicable award or registered agreement rate of pay, and does not permit an employee to be required to work more hours than the applicable maximum in an award or registered agreement. The CFMEU argued that the agreement complied with these requirements, while Byrnes contended that certain provisions were unfair and detrimental to the business.

The Fair Work Commission examined the collective agreement in detail, focusing on whether it met the statutory criteria. The Commission found that the agreement was fair and reasonable, and did not adversely affect non-union employees. It also found that the agreement did not allow for the payment of less than the applicable award rates of pay, and did not require employees to work more hours than permitted by the applicable award. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Byrnes Shopfitters Pty Ltd and CFMEU Union Collective Agreement 2014-2018, finding that it met the statutory criteria for approval. The Commission's decision was based on its assessment of the agreement's provisions and its conclusion that the agreement was fair and reasonable. The approval of the agreement ensures that the employment conditions of Byrnes' employees are governed by a collective agreement rather than the applicable award or registered agreement.

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