DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3487)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2018

Application for approval of the NU TREND 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 NU TREND 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 the 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 16 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the NU TREND SHOPFITTING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The company objected to the agreement on the basis that it contained terms that were not consistent with the Fair Work Act 2009. The legal issues before the Commission were whether certain provisions of the enterprise agreement were in breach of the Act, and if so, whether those provisions could be removed to achieve approval of the agreement. The Commission considered whether the provisions were necessary to protect workers' rights, or whether they represented an unfair burden on the employer. The Commission found that some provisions did not comply with the Act, but that these could be removed without fundamentally altering the nature of the agreement. The Commission approved the agreement with modifications. The modifications included removing provisions that required the employer to provide certain benefits to employees, and that placed restrictions on the employer's ability to make changes to work arrangements. The Commission noted that these changes were necessary to ensure the agreement complied with the Act, but that the modified agreement still provided adequate protection for employees.

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