DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/894)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the Foxcon Windows 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 Foxcon Windows 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 12 April 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

In the case before the court, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for an Enterprise Agreement between Foxcon Windows Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The application for approval was brought before the Fair Work Commission, which is responsible for overseeing the registration and approval of such agreements under Australian labour law.

The central legal issue in this case was whether the Enterprise Agreement met the statutory requirements for approval. Specifically, the court had to determine whether the agreement was made in good faith, whether it provided for the terms and conditions of employment of the employees, and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement contained terms that were necessary for the proper operation of a business, and whether it met the criteria for being a single, integrated agreement.

The Fair Work Commission found that the Enterprise Agreement was made in good faith and met all statutory requirements for approval. The Commission noted that the agreement contained terms that were necessary for the proper operation of Foxcon Windows Pty Ltd's business, and that it provided for the terms and conditions of employment of the employees. The Commission also found that the agreement met the criteria for being a single, integrated agreement, and that it complied with the provisions of the Fair Work Act 2009. As such, the Commission approved the Enterprise Agreement.

The court's decision was that the Enterprise Agreement between Foxcon Windows Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 was approved. This decision provides certainty for both the employer and the employees, and ensures that the agreement is legally binding and enforceable. The court's approval of the Enterprise Agreement also demonstrates the importance of good faith bargaining and the role of the Fair Work Commission in overseeing the registration and approval of such agreements.

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