Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 7446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6578)

GLOBAL HOLDINGS (AUS) PTY LTD T/AS EXPRESS DECO GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 6 DECEMBER 2018

Application for approval of the GLOBAL HOLDINGS (AUS) PTY LTD T/As EXPRESS DECO GROUP and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the GLOBAL HOLDINGS (AUS) PTY LTD T/As EXPRESS DECO GROUP 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2018. The nominal expiry date of the Agreement is 30 November 2018.

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 (CFMEU) sought approval of an enterprise agreement between Global Holdings (Aus) Pty Ltd trading as Express Deco Group and the CFMEU. The dispute centred on the terms and conditions of employment outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a genuine enterprise bargaining process, if it included the mandated minimum terms and conditions, and whether it met the 'better-off, overall test'. Additionally, the Commission had to consider whether the agreement was free from any illegal or inappropriate content, and if the agreement provided for procedural fairness and genuine consultation.

The Commission found that the agreement did indeed provide for a genuine enterprise bargaining process, contained the required minimum terms and conditions, and met the better-off, overall test. It also concluded that the agreement was free from any illegal or inappropriate content and ensured procedural fairness and genuine consultation. Based on these findings, the Commission approved the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established