DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2014)

2 DIMENSION CARPENTRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

Application for approval of the 2 DIMENSION CARPENTRY 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 2 DIMENSION CARPENTRY 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 3 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by 2 Dimension Carpentry Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of an enterprise agreement. The matter was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any improper interference by a party.

The Commission considered the provisions of the proposed agreement and assessed them against the criteria set out in the Fair Work Act. It examined whether the agreement provided for reasonable terms and conditions that balanced the interests of both employers and employees. The Commission also looked into whether there was any evidence of coercion, undue influence, or other forms of improper interference in the negotiation process. After a detailed analysis of the agreement, the Commission found that it met the necessary standards and did not contain any terms that were unfair or unreasonable.

Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and the Commission was satisfied that it was not the result of any improper interference. The decision upheld the parties' right to negotiate and enter into an enterprise agreement that suited their specific circumstances, while ensuring that the agreement adhered to the legislative framework designed to protect the interests of both employers and employees.

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