DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5677)

STAHMERS CARPETS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 SEPTEMBER 2016

Application for approval of the Stahmers Carpets Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stahmers Carpets Pty Ltd 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 5 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

In the matter of an application for approval of the Stahmers Carpets Pty Ltd and CFMEU Enterprise Agreement 2016, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the enterprise agreement in question. The application was brought before the Fair Work Commission (FWC) as the regulatory body responsible for overseeing the approval and enforcement of enterprise agreements in Australia. The dispute arose from the terms and conditions outlined in the proposed agreement, which the applicant sought to have recognised and enforced.

The central legal issues that the FWC was required to address included whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, and if it was fair and reasonable in all its terms. The FWC had to assess whether the agreement was genuinely negotiated between the employer and the employees' representatives, and if it complied with the procedural requirements for registration. Additionally, the FWC needed to consider whether the agreement's provisions were consistent with the provisions of the Fair Work Act and did not undermine the basic rights of employees.

The FWC examined the negotiation process and found that the agreement was genuinely negotiated between the parties. It reviewed the procedural aspects and determined that all necessary steps had been followed for the registration of the agreement. In assessing the fairness of the agreement, the FWC considered the parties' bargaining power, the economic circumstances, and the broader labour market context. After a comprehensive analysis, the FWC concluded that the agreement was fair and reasonable in all its terms. The provisions of the agreement were found to be consistent with the provisions of the Fair Work Act and did not undermine the basic rights of employees.

The FWC approved the Stahmers Carpets Pty Ltd and CFMEU Enterprise Agreement 2016, thereby granting the application for its registration. The decision confirmed the validity and enforceability of the agreement, providing certainty and protection to both the employer and the employees covered by the 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