DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5447)

C ALKI & R ALKI T/AS P & S ROOFING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 11 OCTOBER 2018

Application for approval of the C ALKI & R ALKI T/As P & S ROOFING 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 C ALKI & R ALKI T/As P & S ROOFING 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 18 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the C Alki and R Alki T/As P & S Roofing, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied for the approval of the Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in the public interest and met the necessary conditions for approval under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement was genuinely negotiated, whether it complied with the prescribed minimum terms and conditions, and whether it was in the public interest to approve the agreement. The Commission assessed the evidence provided by both parties and considered the terms of the agreement, including wage rates, working conditions, and other employment provisions. The Commission found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement met the statutory requirements and was in the public interest. Consequently, the Commission approved the Enterprise Agreement 2016-2018, effective from 1 April 2016 until 31 March 2018.

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