DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arco Doors Pty Ltd
(AG2019/937)

ARCO DOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2019

Application for approval of the Arco Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arco Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arco Doors Pty Ltd. 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 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arco Doors Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement it had negotiated with the CFMEU (Victorian Construction and General Division). The applicant was a small employer in the door manufacturing industry, while the union represented workers within that industry. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in accordance with the provisions of the Act and whether it was a good faith bargain. The main issue was whether the agreement's provisions concerning the employment of apprentices and trainees were fair and reasonable.

The Commission considered that the agreement demonstrated that the parties had negotiated in good faith. The agreement contained provisions for the fair and equitable treatment of apprentices and trainees, including provisions for their wages and conditions. The Commission held that the agreement was in accordance with the Act and was a good faith bargain. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for all parties. The Commission found that the agreement was in the interests of the employees, the employer, and the broader community.

The Court confirmed the decision of the Commission and approved the Enterprise Agreement. The Court held that the agreement was a genuine attempt by the parties to reach a fair and reasonable agreement. The Court found that the agreement contained provisions that were fair and reasonable and that it met the requirements of the Act. The Court also noted that the agreement provided for the fair and equitable treatment of apprentices and trainees. The Court approved the agreement and dismissed the application for review.

Arco Doors 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