DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1079)

GROSE PTY LTD T/AS QUALITY STRUCTURAL SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 6 APRIL 2018

Application for approval of the Grose Pty Ltd T/As Quality Structural Solutions 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 Grose Pty Ltd T/As Quality Structural Solutions 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 13 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants in this case were the Grose Pty Ltd T/As Quality Structural Solutions and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). They sought approval of the Enterprise Agreement 2016-2018 from the Fair Work Commission (FWC). The application was brought before the FWC in the context of industrial relations and employment law, specifically regarding the terms and conditions of employment under an enterprise agreement. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the Enterprise Agreement 2016-2018 complied with the requirements of the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions that met the safety net, did not discriminate unfairly, and was free from coercive conduct. Additionally, the FWC had to consider whether the agreement was appropriately negotiated and if it contained provisions that were not in the best interests of the employees.

In reaching its decision, the FWC examined the negotiation process and the contents of the agreement, including the pay rates, working conditions, and other employment terms. The FWC found that the agreement was fairly negotiated and that it contained provisions that were reasonable and met the safety net requirements. The FWC also determined that the agreement did not unfairly discriminate or contain coercive conduct. As a result, the FWC approved the Enterprise Agreement 2016-2018, finding it to be in compliance with the statutory requirements.

The FWC's decision was that the Enterprise Agreement 2016-2018 met all the criteria for approval under the Fair Work Act. The agreement was accordingly approved, allowing it to come into effect and govern the terms and conditions of employment between the employer and the employees covered by the agreement. This decision provided certainty to both the employer and the employees regarding their rights and obligations during the term of the agreement.

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