DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C & I Installations
(AG2015/7216)

C & I INSTALLATIONS & AMWU / ETU (VICTORIA) 2015 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 JANUARY 2016

Application for approval of the C & I Installations & AMWU / ETU (Victoria) 2015 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the C & I Installations & AMWU / ETU (Victoria) 2015 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C & I Installations. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 15 January 2016 and, in accordance with s.54, will operate from 22 January 2016. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, C & I Installations, the Fair Work Commission was tasked with considering an application for approval of the C & I Installations & AMWU / ETU (Victoria) 2015 Enterprise Agreement. The applicants, C & I Installations, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union and the Electrical Trades Union (Victoria) were the other parties involved. The dispute centred on the terms of the proposed agreement, which sought to govern the employment conditions of workers within the specified industry.

The court was required to determine whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court needed to assess if the agreement provided for fair and efficient workplace relations, whether it complied with the relevant provisions of the Act, and if it was made in good faith and without coercion. Additionally, the court had to consider the impact of the agreement on the employees' rights and protections under the Act.

The Fair Work Commission found that the agreement did indeed meet the criteria for approval. The court examined the various provisions of the agreement, including those relating to wages, working hours, leave entitlements, and dispute resolution mechanisms. The court concluded that the agreement was fair and efficient, provided adequate protections for the employees, and was made in good faith. The court also noted that the agreement was a significant improvement over the previous arrangements, particularly in terms of job security and wage progression. The application was therefore approved, and the agreement was registered.

As a result of the court's decision, the C & I Installations & AMWU / ETU (Victoria) 2015 Enterprise Agreement was approved and registered. This outcome ensures that the terms and conditions of employment for the workers covered by the agreement are governed by the provisions of the agreement, providing a clear and fair framework for workplace relations in the industry.

C & I Installations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established