DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1677)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 MAY 2018

Application for approval of the Allytech Installations 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 Allytech Installations 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 28 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Allytech Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. Allytech Installations Pty Ltd, an employer, and the union, representing employees in the electrical and plumbing industry, had entered into a new enterprise agreement for a period of three years. The union applied for the agreement to be approved as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the criteria for approval under the Act, including ensuring the agreement did not undermine the safety and health of employees, and whether the agreement was made in good faith and without coercion.

The Commission considered the nature and terms of the agreement, its compliance with the statutory requirements, and the process by which it was made. It examined whether the agreement provided adequate protections for employees, including provisions for wages, conditions, and dispute resolution mechanisms. The Commission also reviewed the evidence provided by the parties regarding the negotiation process, ensuring that the agreement was not made under duress or without genuine consultation. Given the evidence and submissions, the Commission determined that the agreement met the necessary criteria for approval, as it contained provisions that did not undermine employee safety and health, and was made in good faith.

Accordingly, the Commission approved the Allytech Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the decision and became effective from the date specified in the agreement, which was 1 July 2016. The decision confirmed the legal validity of the agreement and its enforceability between the parties involved.

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