FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6244)

PLACECORP (AUSTRALIA) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the Placecorp (Australia) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Placecorp (Australia) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cuts Only The Original Barber Pty Ltd, a company operating barber shops, and the CFMEU Union, representing employees in the industry, sought approval for their collective agreement from 2015 to 2019. The application was brought before the Fair Work Commission, which is tasked with resolving disputes and approving agreements under the Fair Work Act 2009. The key issue before the Commission was whether the agreement met the requirements for approval, particularly whether it provided for the fair and efficient determination of terms and conditions of employment, and whether it complied with the good faith bargaining provisions.

The Commission carefully examined the contents of the agreement and the process by which it was negotiated. It considered whether the agreement contained terms that were not only reasonable but also necessary for the efficient operation of the industry. The Commission also evaluated whether the parties had engaged in good faith bargaining, which is essential for the validity of the agreement. The Commission found that the agreement was comprehensive and contained provisions that were necessary for the industry, including those relating to wages, hours of work, and dispute resolution mechanisms. It concluded that both parties had acted in good faith and that the agreement was fair and efficient.

In light of these findings, the Commission approved the agreement, stating that it met the criteria for approval under the Fair Work Act. The agreement was thus authorised as a registered agreement, binding on all parties involved. The decision ensures that the terms and conditions of employment within the barber industry are fairly and efficiently determined, providing a stable framework for both employers and employees. The Commission's approval was a necessary step to ensure that the agreement would operate effectively and be compliant with the statutory requirements.

Cuts Only The Original Barber 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