Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 3171

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2097)

Fishtail Enterprises Pty. Ltd. T/As CKI Joinery and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 1 JUNE 2018

Application for approval of the Fishtail Enterprises Pty. Ltd. T/As CKI Joinery 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 Fishtail Enterprises Pty. Ltd. T/As CKI Joinery 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 8 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Fishtail Enterprises Pty. Ltd., trading as CKI Joinery, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission (FWC), an independent statutory tribunal in Australia that deals with workplace relations matters.

The legal issues before the FWC were whether the enterprise agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. The FWC had to determine if the agreement was made in good faith, if the bargaining was conducted appropriately, and if the terms and conditions of the agreement were fair and reasonable. Additionally, the FWC had to consider if the agreement complied with the applicable national employment standards and if it contained any provisions that might be contrary to public policy.

The FWC found that the enterprise agreement was procedurally sound, as it was made in good faith and involved appropriate bargaining between the parties. The tribunal considered the terms and conditions of the agreement to be fair and reasonable, as they reflected the economic circumstances of the parties and provided for adequate protections for employees. The FWC also concluded that the agreement complied with the national employment standards and did not contain any provisions that were contrary to public policy. As a result, the FWC approved the enterprise agreement, allowing it to come into effect and govern the employment conditions between Fishtail Enterprises Pty. Ltd. and the union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established