DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5997)

HIGGINS COATINGS 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 HIGGINS COATINGS 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 HIGGINS COATINGS 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, 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Higgins Coatings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of their enterprise agreement for the years 2016 to 2018. The matter was heard by the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its compliance with the good faith bargaining provisions and its adherence to the Fair Work Ombudsman’s minimum standards.

The Fair Work Commission assessed the enterprise agreement in light of the statutory framework. It examined the process of bargaining to determine whether the parties had engaged in genuine negotiations. The Commission also reviewed the agreement to ensure that it included all mandated minimum terms and conditions and that it did not include any provisions that were contrary to public policy or detrimental to employees’ rights. The Commission concluded that the agreement was the product of genuine negotiations and that it satisfied the statutory requirements. The terms of the agreement were deemed to be fair and reasonable, and they met the minimum standards prescribed by the Fair Work Act.

Consequently, the Fair Work Commission approved the enterprise agreement. The decision underscored the importance of ensuring that enterprise agreements are negotiated in good faith and that they provide for fair and reasonable terms and conditions of employment. The approval of the agreement was a recognition of the parties’ efforts to reach a mutually beneficial outcome through collective bargaining.

The final order was that the Higgins Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved and registered with the Fair Work Commission.

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