Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2825

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1582)

Modscape Install Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 19 MAY 2018

Application for approval of the Modscape Install 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 Modscape Install 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 21 May 2018 and, in accordance with s.54, 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

The case before the Fair Work Commission involved a request for the approval of an enterprise agreement between Modscape Install Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought forth to ensure the agreement met the necessary legal requirements and standards under the Fair Work Act 2009. The Fair Work Commission, as the relevant authority, was tasked with examining the specifics of the agreement and determining whether it complied with the statutory obligations.

The primary legal issues before the Commission were whether the enterprise agreement contained all the mandated terms and conditions, and whether it adhered to the procedural requirements set out in the Fair Work Act. This included scrutinising whether the agreement was negotiated in good faith, if it was free from any prohibited content, and whether it was fairly and appropriately presented to the employees for their consideration. The Commission also needed to consider whether the agreement provided adequate protection for employees' rights and interests, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms.

In evaluating the application, the Fair Work Commission examined the terms of the enterprise agreement in detail. It found that the agreement was negotiated in good faith and was free from prohibited content. The Commission noted that the agreement contained all the necessary terms and conditions as required by law, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. It was determined that the agreement was presented to the employees in a manner that was fair and appropriate. Consequently, the Commission approved the application for the enterprise agreement to be registered, confirming that it met all legal requirements and provided adequate protection for employees' rights and interests.

The Fair Work Commission's final orders included the approval of the Modscape Install Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was registered under the Fair Work Act 2009, effective from the date of the Commission's decision. The registration ensured that the agreement would be legally binding and enforceable between the parties, providing a framework for the employment relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established