DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5584)

AUSINSTALL INVESTMENTS PTY LTD T/AS AUSINSTALL INVESTMENTS 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 AUSINSTALL INVESTMENTS PTY LTD T/AS AUSINSTALL INVESTMENTS 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 AUSINSTALL INVESTMENTS PTY LTD T/AS AUSINSTALL INVESTMENTS 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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMU) and AUSINSTALL INVESTMENTS PTY LTD. The dispute centered on the approval of the AUSINSTALL INVESTMENTS PTY LTD T/AS AUSINSTALL INVESTMENTS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission.

The legal issues before the Commission involved whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the legislation. Key issues included the fairness of the agreement's terms and conditions, the procedural fairness in the agreement's negotiation, and whether the agreement complied with the process outlined in the Act.

The Commission found that the agreement was fair and met the requirements of the Act. The agreement's terms were deemed reasonable in the circumstances, and the negotiation process was considered fair and compliant with the procedural requirements. The Commission approved the enterprise agreement based on these findings.

No final orders were made as the decision pertained to the approval of the enterprise agreement, and the agreement was approved as submitted.

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