DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/201)

AUSTRALIAN FIT-OUT & INSTALLATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Australian Fit-Out & Installation Pty Ltd and CFMEU (Victoria Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Fit-Out & Installation Pty Ltd and CFMEU (Victoria 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 18 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Fit-Out & Installation Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victoria Construction and General Division), applied for the approval of their Enterprise Agreement for the period 2016 to 2018. The application was heard in the Fair Work Commission, with the decision rendered by Deputy President R J W Simpson. The primary legal issue the court had to address was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the provisions regarding minimum entitlements and the public interest.

The court examined the provisions of the Enterprise Agreement in light of the Fair Work Act's criteria for approval. It considered whether the agreement provided for minimum entitlements as prescribed by the Act, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. Additionally, the court assessed whether the agreement was in the public interest, taking into account factors such as its impact on economic efficiency, productivity, and industrial relations. The court found that the Enterprise Agreement did meet the criteria for approval, as it provided for all minimum entitlements as required by law and was in the public interest.

Consequently, the court approved the Enterprise Agreement between Australian Fit-Out & Installation Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victoria Construction and General Division) for the period 2016 to 2018. The decision was based on the conclusion that the agreement complied with the statutory requirements and was in the public interest. The approval allows the agreement to be registered with the Fair Work Commission, thereby granting it legal force and effect for the duration of the agreement.

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