DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5679)

SKINNER COMMERCIAL CARPET SERVICES AND CFMEU ENTERPRISE AGREEMENT 2016

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

Application for approval of the Skinner Commercial Carpet Services and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skinner Commercial Carpet Services 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

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Skinner Commercial Carpet Services and CFMEU Enterprise Agreement 2016. The application was brought before the Fair Work Commission (FWC), which is tasked with regulating workplace relations in Australia. The primary dispute centres on whether the enterprise agreement meets the criteria set out under the Fair Work Act 2009 for approval and registration.

The legal issues before the FWC revolved around the compliance of the enterprise agreement with the statutory requirements under the Fair Work Act. Key points included the extent to which the agreement conformed to the provisions concerning minimum entitlements, whether the agreement was made in good faith, and if it adhered to the procedural requirements stipulated by the Act. Additionally, the FWC considered whether the agreement provided for fair and reasonable terms and conditions of employment.

The FWC, after examining the evidence and arguments presented by both parties, concluded that the Skinner Commercial Carpet Services and CFMEU Enterprise Agreement 2016 was compliant with the statutory requirements. The Commission found that the agreement was made in good faith, met the procedural criteria, and provided for fair and reasonable terms and conditions. Consequently, the FWC approved and registered the enterprise agreement, thereby resolving the dispute in favour of the CFMEU.

The final orders of the FWC included the approval and registration of the Skinner Commercial Carpet Services and CFMEU Enterprise Agreement 2016, ensuring that it would be enforceable under the Fair Work Act. The decision underscored the importance of adhering to statutory requirements for enterprise agreements to be valid and binding.

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