DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5563)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Heritage Wallpaper 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 Wallpaper 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 21 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between itself and Heritage Wallpaper Pty Ltd. The proposed agreement was for the period 2016 to 2018. The CFMEU argued that the agreement provided for fair and reasonable terms and conditions of employment for the workers covered by it, and that it complied with all relevant statutory requirements.

The legal issues before the Commission were whether the proposed agreement met the criteria set out in the Fair Work Act 2009 for approval, including whether it provided for the employees' pay and conditions, and whether it had been genuinely agreed to by the parties. The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and other benefits. The Commission also found that the agreement had been genuinely agreed to by both parties, as required by the Act.

The Commission concluded that the proposed agreement met all the criteria for approval under the Act. It found that the agreement provided for fair and reasonable terms and conditions of employment for the workers covered by it, and that it complied with all relevant statutory requirements. The Commission approved the agreement, and it came into effect on 1 January 2016.

No further orders were made.

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