DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3790)

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

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 15 OCTOBER 2019

Application for approval of the NEWLIFE KITCHENS 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 NEWLIFE KITCHENS 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 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 22 October 2019. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for approval of the Newlife Kitchens Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute was adjudicated in the Fair Work Commission. The primary legal issues the court had to address were whether the agreement was in the public interest, and whether it complied with the requirements of the Fair Work Act 2009.

The court examined whether the agreement contained terms that were contrary to the public interest, particularly in relation to the regulation of trade unions and industrial relations. It considered whether the agreement provided fair and reasonable terms for the employees, and whether it was likely to promote industrial harmony. The court also assessed whether the agreement contained appropriate dispute resolution mechanisms. In this instance, the court found that the agreement was in the public interest and met all the necessary requirements. The agreement was approved on the basis that it provided fair and reasonable terms for employees and did not contain any provisions that were contrary to the public interest.

The court considered the evidence presented by both parties and the submissions made during the hearing. It determined that the agreement was likely to promote industrial harmony and did not contain any provisions that were contrary to the public interest. The court approved the agreement on the basis that it met all the necessary requirements and was in the best interests of the employees. The court noted that the agreement contained appropriate dispute resolution mechanisms, which were likely to promote industrial harmony and prevent industrial action. The court also found that the agreement provided fair and reasonable terms for the employees, and that it was likely to promote the economic well-being of the parties involved.

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