DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/6868)

ATLANTIC INTERIOR DESIGNS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2015

Application for approval of the Atlantic Interior Designs Pty Ltd/CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Atlantic Interior Designs Pty Ltd/CFMEU Collective Agreement 2015-2017 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 14 December 2015 and, in accordance with s.54, will operate from 21 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Construction and General Division applied for the approval of a collective agreement between Atlantic Interior Designs Pty Ltd and the union for the period 2015-2017. The application was heard by the Fair Work Commission. The primary dispute involved the interpretation and application of the Fair Work Act 2009, specifically sections relating to the approval of collective agreements that meet the criteria for good faith bargaining and do not undermine the protection of employees' rights.

The central legal issues before the Commission were whether the collective agreement in question complied with the statutory requirements and whether it was the product of genuine and meaningful negotiations between the parties. The Commission had to examine whether the agreement was made in good faith, considering the provisions of the Act and the precedents set by previous decisions. Additionally, the Commission needed to determine if the agreement adequately protected the interests of the employees and adhered to the principles of fairness and reasonableness.

In its decision, the Commission noted that the collective agreement had been the result of negotiations between the employer and the union, with the union acting on behalf of its members. The Commission found that the agreement met the statutory requirements, as it was not detrimental to the employees' interests and was made in good faith. The Commission was satisfied that the union had genuinely negotiated on behalf of its members and that the agreement reflected the terms and conditions agreed upon by both parties. Consequently, the Commission approved the collective agreement, finding it to be fair and reasonable under the relevant legislation.

The final order of the Commission was the approval of the Atlantic Interior Designs Pty Ltd/CFMEU Collective Agreement 2015-2017, recognising it as a valid and binding agreement between the employer and the union. The decision underscored the importance of genuine negotiations and the adherence to statutory requirements in the approval of collective agreements under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established