DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/723)

INTERPHASE INVESTMENTS PTY LTD T/AS INTERPHASE SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2019

Application for approval of the Interphase Investments Pty Ltd T/As Interphase Services 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 Interphase Investments Pty Ltd T/As Interphase Services 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 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

The case before the Fair Work Commission involved an application for the approval of the Interphase Investments Pty Ltd T/As Interphase Services and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought by the union, seeking endorsement of the agreement that had been negotiated between the union and the employer. The agreement outlined various terms and conditions of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The central legal issues the Commission had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, and if it provided for the fair and equitable treatment of employees. Specifically, the Commission needed to consider whether the agreement contained all the mandated minimum terms and conditions, and if it was free from any provisions that might be considered contrary to public policy or unfair to employees.

The Fair Work Commission, after reviewing the agreement and hearing submissions from both parties, determined that the agreement was compliant with the statutory requirements. The Commission found that the agreement contained all the mandated minimum terms and conditions and did not include any provisions that were contrary to public policy or unfair. The Commission approved the agreement, highlighting that it provided a fair and reasonable framework for the employment relationship between the union and the employer.

The Commission's decision was based on its thorough examination of the agreement and the submissions presented by both the union and the employer. The Commission concluded that the agreement met all legal requirements and was in the best interest of the employees, thereby granting the application for approval.

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