DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union; Retail Joinery Workshop Pty Ltd
(AG2017/1455)

RETAIL JOINERY WORKSHOP AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2017

Application for approval of the Retail Joinery Workshop Australia Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Retail Joinery Workshop Australia Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 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 case involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Retail Joinery Workshop Pty Ltd, covering the period from 2014 to 2018. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues at the heart of the case centred around the compliance of the collective agreement with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including matters such as minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The Commission also needed to ensure that the agreement adhered to the principles of genuine collective bargaining and did not include any terms that were contrary to public policy.

In delivering its decision, the Fair Work Commission considered the submissions from both parties and examined the provisions of the collective agreement. The Commission found that the agreement was consistent with the statutory framework and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement reflected the outcome of genuine collective bargaining and did not include any terms that were contrary to public policy. Consequently, the Commission approved the collective agreement.

The Fair Work Commission's decision was to approve the collective agreement between the CFMEU and Retail Joinery Workshop Pty Ltd for the specified period. The Commission's approval was based on the determination that the agreement met the necessary standards for approval under the Fair Work Act, including the provision of fair and reasonable terms and conditions of employment, and adherence to the principles of genuine collective bargaining.

Construction, Forestry, Mining and Energy Union; Retail Joinery Workshop Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established