DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3833)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Planit Shopfitting 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 Planit Shopfitting 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 11 September 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 (CFMEU) sought approval for an enterprise agreement between Planit Shopfitting Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The agreement was made under the Fair Work Act 2009 and aimed to establish the terms and conditions of employment for the employees of Planit Shopfitting Pty Ltd. The dispute centred on whether the agreement met the legal criteria for approval, including fairness, compliance with the Act, and whether it appropriately balanced the interests of the employer and employees.

The primary legal issues the Commission had to decide were whether the agreement was a "good faith" bargaining outcome, whether it was fair and reasonable, and whether it complied with the statutory requirements of the Fair Work Act. The Commission had to assess the procedural fairness of the agreement's negotiation process and its substantive fairness in terms of the balance of benefits and obligations between the parties. Additionally, the Commission examined whether the agreement adhered to the "better off overall test" and the "no disbenefit" test, ensuring that employees would not be worse off and that they would benefit overall from the terms of the agreement.

In its decision, the Commission considered the evidence and arguments presented by both parties. It found that the agreement was negotiated in good faith and that the process was fair. The Commission concluded that the agreement was fair and reasonable, striking an appropriate balance between the interests of the employer and employees. The agreement met the better off overall test, providing employees with better pay, conditions, or both, and did not result in any disbenefit to them. The Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its overall fairness.

The Commission's final orders included the approval of the Planit Shopfitting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to be registered and would govern the employment conditions of the employees of Planit Shopfitting Pty Ltd for the specified period, subject to the terms and conditions set out in the approved agreement.

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