DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch
(AG2017/476)

TEMPMASTER PTY LTD T/A MASTER SHOPFITTING AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Tempmaster Pty Ltd T/A Master Shopfitting and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Tempmaster Pty Ltd T/A Master Shopfitting and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch, to the Fair Work Commission for approval of the Tempmaster Pty Ltd T/A Master Shopfitting and CFMEU Union Collective Agreement 2014-2018. The application was made under section 230 of the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed collective agreement and the implications for employees under the Fair Work Act.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act, including compliance with the "better off overall test" (BOOT) and whether the agreement's provisions were consistent with the Act's objectives of creating and preserving jobs, enhancing workplace participation, and promoting high performance in the workplace. Additionally, the Commission had to determine whether the agreement adequately provided for the protection of employees' rights and interests.

In considering these issues, the Commission evaluated the proposed agreement against the statutory requirements and examined the potential impact on the bargaining parties and employees. The Commission found that the agreement satisfied the BOOT by providing employees with benefits that were at least as good as, or better than, those provided by the applicable awards and existing agreements. The Commission also determined that the agreement's provisions were consistent with the objectives of the Fair Work Act, promoting job creation and enhancing workplace participation. After thorough consideration, the Commission approved the agreement, finding it met all statutory requirements.

The final orders included the approval of the Tempmaster Pty Ltd T/A Master Shopfitting and CFMEU Union Collective Agreement 2014-2018, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the relevant employees and employers.

Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory 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