DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5404)

D PHELAN SHOPFITTERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 16 OCTOBER 2018

Application for approval of the D Phelan Shopfitters 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 D Phelan Shopfitters 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and D Phelan Shopfitters Pty Ltd brought an application for approval of their enterprise agreement to the Fair Work Commission. The agreement was for the period 2016-2018 and covered shopfitters and related trades employed by D Phelan Shopfitters Pty Ltd. The parties sought the Commission's approval under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration, including whether it provided for the proper determination of terms and conditions of employment, and whether it was made in good faith and free from coercion.

The Commission examined the agreement's provisions to determine if they satisfied the requirements set out in the Fair Work Act. It considered whether the agreement provided for the proper determination of terms and conditions of employment, including minimum rates of pay, classification of employees, and dispute resolution mechanisms. The Commission also assessed whether the agreement was made in good faith, without coercion or undue influence, and whether it contained provisions that were contrary to public policy or were otherwise invalid.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the criteria for registration. The agreement provided for the proper determination of terms and conditions of employment and was made in good faith and free from coercion. The Commission was satisfied that the agreement contained no provisions that were contrary to public policy or otherwise invalid. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the D Phelan Shopfitters Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the criteria for registration under the Fair Work Act. The agreement was registered on the date of the decision and became effective from 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