DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5664)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the MELB Carpentry 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 MELB Carpentry 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, 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, 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the MELB Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement, while MELB Carpentry Pty Ltd did not oppose the application. The agreement in question aimed to regulate the terms and conditions of employment for employees within the specified industry.

The central legal issue before the Commission was whether the enterprise agreement met the requirements of section 233 of the Fair Work Act 2009. This involved assessing whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment, and if it was made in good faith and without coercion. Additionally, the Commission had to determine if the agreement contained any provisions that were contrary to public policy or were otherwise unlawful.

In delivering its decision, the Commission emphasised the importance of the good faith requirement in enterprise agreements. It considered the process by which the agreement was negotiated and the extent to which both parties had engaged in meaningful bargaining. The Commission found that the agreement met the statutory criteria for approval as it provided for a fair and reasonable method of determining wages and conditions, and was made without coercion. Furthermore, the Commission confirmed that the agreement did not contain any provisions that were contrary to public policy or otherwise unlawful.

Consequently, the Fair Work Commission approved the MELB Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for employees within the industry are governed by a legally binding enterprise agreement that meets the statutory requirements set out in the Fair Work Act 2009.

Construction, Forestry, 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