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, New South Wales Divisional Branch
(AG2015/950)

AUSTEM INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MAY 2015

Application for approval of the Austem Interiors Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Austem Interiors 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 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 (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 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, an application was made to the Fair Work Commission for approval of the Austem Interiors Pty Ltd and CFMEU Collective Agreement 2015-2017. The parties involved in the dispute were Austem Interiors Pty Ltd, represented by its director, and the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch. The application sought the Fair Work Commission's approval of the collective agreement between the employer and the union, which outlined the terms and conditions of employment for employees in the relevant industry.

The primary legal issues before the Fair Work Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover. The Commission needed to consider whether the agreement met the statutory requirements for approval, such as being in writing, addressing the relevant employees, and not discriminating against employees on the basis of their union membership. Furthermore, the Commission had to ensure that the agreement was fair and reasonable and did not have an adverse impact on the employees' working conditions or entitlements.

The Fair Work Commission determined that the Austem Interiors Pty Ltd and CFMEU Collective Agreement 2015-2017 complied with the relevant provisions of the Fair Work Act 2009 and was in the best interests of the employees it sought to cover. The Commission found that the agreement was in writing, addressed the relevant employees, and did not discriminate against employees on the basis of their union membership. The Commission also concluded that the agreement was fair and reasonable, providing appropriate protections and entitlements for the employees. Consequently, the Fair Work Commission approved the collective agreement, which now serves as the governing instrument for the employment terms and conditions between Austem Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established