DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1423)

VISION FACADE INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 MAY 2019

Application for approval of the Vision Facade Installations 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 Vision Facade Installations 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, 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 17 May 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

The matter before the Fair Work Commission involved an application for approval of the Vision Facade Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Vision Facade Installations, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The Australian Building and Construction Commission and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) intervened in the proceedings.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act, and whether it met the standards of procedural fairness. Specifically, the Commission had to determine whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions of employment. Additionally, the Commission examined whether the agreement was in the best interests of the employees and whether it adhered to the principles of industrial fairness.

In its decision, the Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission also determined that the agreement met the standards of procedural fairness and was in the best interests of the employees. The Commission was satisfied that the agreement adhered to the principles of industrial fairness, and it approved the agreement as a registered agreement under the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and it took into account the needs of both the employer and the employees.

The Fair Work Commission approved the Vision Facade Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement was genuinely negotiated, contained all the necessary minimum terms and conditions, and met the standards of procedural fairness and industrial fairness.

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