Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2014] FWCA 1784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2014/358)

ATLANTIC INTERIOR DESIGNS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 MARCH 2014

Application for approval of the Atlantic Interior Designs Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Atlantic Interior Designs Pty Ltd / CFMEU Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union-Construction and General Division applied for approval of the Atlantic Interior Designs Pty Ltd / CFMEU Collective Agreement 2014. The application was brought by the union on behalf of its members who are employed by the respondent company. The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with the provisions regarding the terms and conditions of employment.

The legal issues before the Commission were whether the agreement satisfied the statutory requirements for approval, particularly concerning its impact on the employees' rights and entitlements. The union argued that the agreement was fair and reasonable, while the company raised concerns about certain provisions. The Commission had to assess whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, including ensuring that it did not adversely affect the employees' rights.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was procedurally valid, as it had been made in accordance with the relevant provisions of the Fair Work Act. Additionally, the Commission concluded that the agreement did not unfavorably affect the employees' rights and entitlements. The substantive content of the agreement was deemed to be fair and reasonable, and it provided for appropriate terms and conditions of employment. Consequently, the application for approval was successful.

The final orders of the Commission were that the Atlantic Interior Designs Pty Ltd / CFMEU Collective Agreement 2014 be approved as a registered agreement under the Fair Work Act. The agreement would then be binding on the parties and would govern the employment terms and conditions of the union members employed by the respondent company.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established