Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 6270

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4692)

HALIL, HALIL T/As COMMERCIAL WINDOW CONCEPTS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 10 OCTOBER 2018

Application for approval of the HALIL, HALIL T/As COMMERCIAL WINDOW CONCEPTS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the HALIL, HALIL T/As COMMERCIAL WINDOW CONCEPTS 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 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 applicants, Commercial Window Concepts and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of their enterprise agreement from 2016 to 2018. The Fair Work Commission was the court in this case. The applicants argued that the agreement was fair and reasonable, while the respondents argued it was not.

The legal issues that the court had to decide were whether the agreement was fair and reasonable and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider the overall fairness of the agreement, taking into account factors such as the nature of the industry, the bargaining power of the parties, and the interests of employees and employers.

The court found that the agreement was fair and reasonable and complied with the relevant provisions of the Fair Work Act. The court found that the agreement provided for reasonable terms and conditions of employment and was in the best interests of the employees. The court also found that the agreement was not contrary to public policy or the public interest. The court approved the agreement, and the applicants' application was successful.

The court made an order approving the enterprise agreement and directed that it be registered with the Fair Work Commission. The agreement was to commence on 1 July 2016 and expire on 30 June 2018. The court also directed that the agreement be published on the Fair Work Commission's website.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established