DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Limited T/A Corinthian Doors
(AG2020/811)

CORINTHIAN INDUSTRIES NSW CFMMEU ENTERPRISE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 MAY 2020

Application for approval of the Corinthian Industries NSW CFMMEU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Corinthian Industries NSW CFMMEU Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Corinthian Industries (Australia) Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 27 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2020. The nominal expiry date of the Agreement is 1 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited, trading as Corinthian Doors, applied to the Fair Work Commission for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement, dated 2019, was contested on several grounds, including the fairness of the terms and conditions proposed for the employees. The matter was brought before the Federal Circuit Court to determine the fairness of the agreement and to assess whether the application met the statutory requirements for approval.

The central legal issues before the court were whether the proposed enterprise agreement was fair and whether it complied with the relevant provisions of the Fair Work Act 2009. The court needed to consider the bargaining process, the terms and conditions proposed, and whether the agreement satisfied the "better off overall test." Additionally, the court examined whether the application for approval was made in accordance with the relevant legislative requirements.

In assessing the fairness of the agreement, the court took into account the procedural fairness of the bargaining process and the substantive fairness of the proposed terms. The court examined whether the agreement provided employees with a fair and reasonable package of benefits and whether it met the statutory "better off overall test." The court also considered the submissions and evidence provided by the parties. Ultimately, the court determined that the application for approval of the enterprise agreement met the statutory requirements and was fair. The court approved the application, finding that the agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act.

The court's decision was that the Corinthian Industries NSW CFMMEU Enterprise Agreement 2019 was approved. The court found that the agreement was fair and met the statutory requirements for approval under the Fair Work Act 2009. The court's approval of the agreement ensures that the terms and conditions of employment are legally binding on the parties involved.

Corinthian Industries (Australia) Pty Limited T/A Corinthian Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established