DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5351)

AYWON CARPET CONTRACTORS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Aywon Carpet Contractors Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aywon Carpet Contractors 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 3 October 2016. The nominal expiry date of the Agreement is 1 February 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE421315 PR585774>
Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Aywon Carpet Contractors Pty Ltd, seeking approval of their 2016 Enterprise Agreement. The union and the employer had negotiated the terms of the agreement, and the union submitted the document to the Commission for endorsement. The agreement included provisions on wages, working conditions, and other employment-related matters. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties. The Commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, including provisions relating to the disclosure of information and the right to bargain. Furthermore, the Commission needed to determine whether the agreement contained any terms that would have an adverse effect on employees' entitlements or conditions.

In making its decision, the Commission examined the contents of the agreement and the evidence provided by both parties. The Commission found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement did not contain any provisions that would have an adverse effect on employees' entitlements or conditions. Having considered all the evidence and arguments, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

In light of the Commission's decision, the Aywon Carpet Contractors Pty Ltd and CFMEU Enterprise Agreement 2016 was approved and will now apply to the employees covered by the agreement. The parties are bound by the terms and conditions set out in the agreement, and any disputes arising from its interpretation or application will be resolved in accordance with the procedures outlined in the agreement or the Fair Work Act. The decision of the Commission is final and binding on the parties, and cannot be appealed except on limited grounds specified in the Act.

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