DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5994)

TRIDENT TOILET PARTITIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 NOVEMBER 2018

Application for approval of the TRIDENT TOILET PARTITIONS 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 TRIDENT TOILET PARTITIONS 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 20 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the TRIDENT TOILET PARTITIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The dispute between the parties centred around the terms and conditions of employment set forth in the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for a registered agreement as outlined in the Fair Work Regulations 2009. This included assessing whether the agreement provided for a minimum rate of pay, reasonable working hours, and provisions for employee entitlements such as leave and redundancy payments.

The Commission found that the agreement was fair and reasonable, meeting all legal requirements. The court noted that the agreement provided for minimum rates of pay and working hours that were in line with industry standards and had been negotiated in good faith between the parties. The Commission also found that the agreement contained provisions for employee entitlements, such as leave and redundancy payments, which were consistent with the provisions of the Fair Work Act. The court concluded that the agreement was compliant with all relevant legislation and approved it accordingly.

As a result, the Fair Work Commission approved the TRIDENT TOILET PARTITIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The agreement now serves as a legally binding contract between the parties and outlines the terms and conditions of employment for the employees covered by 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