DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/148)

UPGRADE COMMERCIAL INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the UPGRADE COMMERCIAL INTERIORS 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 UPGRADE COMMERCIAL INTERIORS 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 13 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for approval of the Enterprise Agreement between Upgrade Commercial Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was made to the Fair Work Commission, which is the tribunal with jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth).

The key legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under section 234 of the Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it allowed for genuine bargaining between the parties, and whether it met the other requirements set out in the legislation. The CFMEU argued that the agreement did not meet these criteria, while Upgrade Commercial Interiors Pty Ltd contended that it did.

In its decision, the Commission found that the Enterprise Agreement met the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum rates of pay, overtime, and leave entitlements. The Commission also found that the agreement had been genuinely bargained between the parties, with both sides having had an opportunity to negotiate the terms and conditions of employment. The Commission further found that the agreement met the other requirements set out in the Act, including the requirement that it not have an adverse effect on employees who are not parties to the agreement. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission approves the Enterprise Agreement between Upgrade Commercial Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018.

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