DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5617)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2018

Application for approval of the CLIFTON FORMWORK (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 CLIFTON FORMWORK (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 26 October 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement between Clifton Formwork (Vic) Pty Ltd and the union's Victorian Construction and General Division. The case was heard in the Fair Work Commission. The union argued that the agreement was in the best interests of the employees and should be approved. Clifton Formwork contended that the agreement was not in the best interests of the employees and should not be approved.

The legal issues the court had to determine were whether the agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act 2009. The court had to consider the provisions of the agreement, the views of the employees, and any relevant evidence presented by the parties. The court also had to consider whether the agreement met the requirements for approval under the Act, including whether it provided for the protection of employees' rights and interests.

In its decision, the Fair Work Commission found that the agreement was in the best interests of the employees and met the requirements for approval under the Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, working hours, and leave entitlements. The court also found that the agreement provided for the protection of employees' rights and interests, including provisions for dispute resolution and the right to be free from discrimination and harassment. The court approved the agreement, finding that it met the requirements for approval under the Act.

The Fair Work Commission approved the Clifton Formwork (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The agreement provides for fair and reasonable terms and conditions of employment, including provisions for pay rates, working hours, and leave entitlements. The agreement also provides for the protection of employees' rights and interests, including provisions for dispute resolution and the right to be free from discrimination and harassment. The court found that the agreement met the requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees.

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