DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5583)

P & G STEELFIXING 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 P & G Steelfixing 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 P & G Steelfixing 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between P & G Steelfixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission (FWC), which is responsible for resolving workplace disputes and approving enterprise agreements in Australia. The primary issue before the FWC was whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for minimum wages and conditions, and if it complied with other statutory requirements, such as ensuring that it was not contrary to public policy.

The FWC carefully examined the provisions of the proposed enterprise agreement, considering both the rights and obligations it imposed on the parties. The union and the employer presented their arguments regarding the fairness and appropriateness of the terms included in the agreement. The FWC also considered submissions from interested parties, including the Australian Building and Construction Commission, which had an interest in the agreement due to its relevance to the construction industry. Ultimately, the FWC found that the agreement provided for minimum wages and conditions and did not contravene any relevant laws or public policy. Consequently, the FWC approved the enterprise agreement.

The FWC's decision was based on a detailed analysis of the agreement's provisions and the arguments presented by the parties. The FWC concluded that the agreement was fair and reasonable, and that it met the necessary standards for approval under the Fair Work Act. The FWC also noted that the agreement contained provisions that went beyond the minimum requirements, such as provisions for dispute resolution and employee participation. The final orders of the FWC included the approval of the enterprise agreement, which will now be in effect for the period 2016-2018.

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