DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5193)

SAUNA HQ PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	CANBERRA, 5 OCTOBER 2018

Application for approval of the SAUNA HQ 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 SAUNA HQ 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 12 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement entered into with Sauna HQ Pty Ltd. The dispute arose as the parties could not reach an agreement on certain terms of the proposed enterprise agreement, particularly those relating to the application of specific provisions to employees who were not members of the union. The matter was heard by the Commission's Deputy President, Deputy President Mortimer, and Senior Deputy President, Senior Deputy President Whelan.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically the provisions relating to the certification of enterprise agreements. This included whether the agreement met the criteria for being "better off overall" for the employees and whether the agreement appropriately balanced the rights of employees and employers. The Commission also had to determine if the agreement provided for appropriate dispute resolution mechanisms and if it was consistent with the national system of industrial determination.

After considering the arguments presented by both parties and the relevant provisions of the Fair Work Act, the Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for fair pay and conditions, and that it appropriately balanced the rights of employees and employers. The Commission also found that the agreement provided for effective dispute resolution mechanisms and was consistent with the national system of industrial determination. As such, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Sauna HQ Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, subject to certain conditions. The agreement was approved as a transitional agreement, which means that it will remain in force until a new agreement is made or until it is terminated under the Fair Work Act. The Commission also made an order that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Commission's website.

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