Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 3168

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2069)

Proline Interiors (VIC) Pty Ltd 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 Proline Interiors (VIC) Pty Ltd 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 Proline Interiors (VIC) 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.

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 involves an application for the approval of an enterprise agreement between Proline Interiors (VIC) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC). The central dispute pertains to the terms and conditions outlined in the proposed enterprise agreement, specifically whether they meet the legal requirements for approval under Australian labour laws.

The key legal issues before the FFW were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it does not adversely affect the safety and health of employees, and whether it was genuinely negotiated between the parties. Additionally, the FFW needed to determine if the agreement contained terms that were contrary to public policy or were otherwise unenforceable.

In its decision, the FFW thoroughly examined the provisions of the enterprise agreement, assessing whether they met the criteria for approval. The FFW considered the negotiation process and the content of the agreement, ensuring that it did not unjustifiably worsen the terms and conditions of employment. The FFW concluded that the proposed agreement did not contravene any legal standards and was genuinely negotiated. The FFW approved the enterprise agreement, finding that it met all the necessary requirements and would not have an adverse effect on employees' safety and health.

The FFW's final orders were to approve the Proline Interiors (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established