DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6966)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Apex Install 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 Apex Install 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 28 December 2018. 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 case involved an application for the approval of the Enterprise Agreement between Apex Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, an independent statutory body responsible for regulating workplace relations and employment agreements in Australia. The applicant, Apex Install Pty Ltd, sought approval of the proposed Enterprise Agreement, while the CFMEU represented the interests of its members.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees and if it was free from any prohibited content. The Commission also had to assess if the agreement had been negotiated in good faith and if it complied with the relevant provisions of the Act.

In its decision, the Commission considered various factors, including the bargaining positions of the parties, the process of negotiation, and the terms and conditions outlined in the proposed agreement. The Commission found that the agreement was "better off overall" for the employees as it provided for an increase in wages and other benefits, and it did not contain any prohibited content. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and complied with the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between Apex Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016 to 2018. The approval was based on the findings that the agreement was "better off overall" for the employees, free from prohibited content, and negotiated in good faith. The terms and conditions of the approved agreement now govern the employment relationship between the parties for the specified period.

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