DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7080)

OCTEROS CABINETS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the OCTEROS CABINETS (VIC) 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 OCTEROS CABINETS (VIC) 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 15 January 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the OCTEROS CABINETS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The employer, OCTEROS CABINETS (VIC) PTY LTD, opposed the application on the grounds that the agreement did not meet the requirements for modern awards and that it contained provisions that were not consistent with the Fair Work Act 2009. The dispute involved the interpretation of various provisions of the Fair Work Act and the application of the relevant legal principles to the facts of the case.

The legal issues that the Commission was required to decide included whether the agreement met the formal requirements for approval, whether it contained provisions that were inconsistent with the Act, and whether it was in the best interests of the employees. The Commission considered the provisions of the agreement in light of the relevant provisions of the Fair Work Act and the applicable case law. The Commission also heard evidence from the parties and considered the submissions made by them.

The Commission found that the agreement met the formal requirements for approval and that it did not contain any provisions that were inconsistent with the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications related to the calculation of penalty rates and the provisions for shift work.

The final orders of the Commission were that the OCTEROS CABINETS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved, subject to the modifications made by the Commission. The employer was required to give written notice of the approval to all affected employees, and the agreement was to come into effect on the first day of the period specified in the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the approved agreement be lodged with the Commission within 28 days of the date of the decision.

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