DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2287)

UNIVERSAL INTERIOR AUST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	MELBOURNE, 25 JUNE 2018

Application for approval of the Universal Interior Aust 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 Universal Interior Aust 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 2 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Universal Interior Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009, and the case was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the necessary requirements for approval, particularly concerning the provisions related to employee conditions and dispute resolution mechanisms.

The key legal issues before the court included whether the enterprise agreement complied with the statutory criteria set out in the Fair Work Act, such as being "better off overall" for employees and ensuring the agreement did not unfairly disadvantage employees. The court had to assess the balance of the agreement in terms of employee benefits, whether the agreement provided adequate dispute resolution processes, and if the agreement contained provisions that were contrary to public policy.

In its decision, the Fair Work Commission considered the evidence presented by both parties and analysed the terms of the proposed enterprise agreement. The Commission found that the agreement met the necessary criteria for approval, including that it provided employees with better overall conditions and that it did not contain any terms that were contrary to public policy. The Commission also noted that the agreement included appropriate dispute resolution mechanisms. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The Fair Work Commission ordered the approval of the Universal Interior Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, effective from the date of the decision. This approval means that the terms of the enterprise agreement will govern the employment conditions between the parties for the specified period, subject to the provisions of the Fair Work Act.

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