DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union (New South Wales Branch)
(AG2015/4329)

MILLENNIUM CARPENTRY SERVICES PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the Millennium Carpentry Services Pty Limited / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Millennium Carpentry Services Pty. Limited / 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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, the Construction, Forestry, Mining and Energy Union (New South Wales Branch) applied for approval of the Millennium Carpentry Services Pty Limited/CFMEU Collective Agreement 2015-2017. The application was heard by the Fair Work Commission, which is responsible for overseeing and approving collective agreements in the Australian workplace. The dispute primarily centred around the terms and conditions outlined in the collective agreement, specifically whether they met the legal standards and requirements set forth by the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the collective agreement was made in good faith and whether it complied with the statutory provisions. Key points of contention included the agreement's provisions on wages, hours of work, and other employment conditions. The Commission needed to assess whether these provisions were consistent with the broader objectives of the Fair Work Act, which aims to promote fair and efficient workplace relations.

The Commission carefully examined the evidence presented and the arguments made by both parties. It found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The provisions met the legal standards and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the collective agreement, affirming that it was in the best interests of the employees and employers involved.

The Commission's decision resulted in the formal approval of the Millennium Carpentry Services Pty Limited/CFMEU Collective Agreement 2015-2017, ensuring that it would be legally binding and enforceable. This outcome provided clarity and certainty for both the union and the company regarding their workplace arrangements for the specified period.

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established