DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4037)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the LIMITLESS FACADES 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 LIMITLESS FACADES 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 the Construction, Forestry, Maritime, 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 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 13 November 2019. The nominal expiry date of the Agreement is 30 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, represented by the Victorian Construction and General Division, filed an application for the approval of the LIMITLESS FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought under section 234 of the Fair Work Act 2009. The enterprise agreement in question was negotiated between the union and the employer, and it covered employees who were part of the construction industry in Victoria. The union sought approval for the agreement to ensure that it met the legal requirements and provided fair terms and conditions for the employees.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The court had to assess whether the agreement contained all the mandatory terms prescribed by the Act, and whether it complied with the good faith bargaining provisions. The court also had to consider whether the agreement was fair and reasonable, taking into account the relevant factors outlined in the Act.

The Fair Work Commission found that the enterprise agreement was in compliance with the statutory requirements under the Fair Work Act 2009. The agreement contained all the mandatory terms prescribed by the Act, and it was negotiated in good faith. The court also determined that the agreement was fair and reasonable, taking into account the relevant factors. The commission approved the enterprise agreement, allowing it to come into effect from the specified date.

The Fair Work Commission approved the LIMITLESS FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was found to be in compliance with the statutory requirements under the Fair Work Act 2009, and it was negotiated in good faith. The court determined that the agreement was fair and reasonable, taking into account the relevant factors. The approval of the enterprise agreement ensures that the employees covered by it will have their terms and conditions of employment governed by the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established