DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5578)

ATF SERVICES PTY LTD T/AS DECK GUARDRAIL 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 ATF Services Pty Ltd T/As Deck Guardrail 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 ATF Services Pty Ltd T/As Deck Guardrail 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

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CaseChat Overview and Summary

The matter before the court involved an application for approval of the ATF Services Pty Ltd T/As Deck Guardrail and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Deck Guardrail, sought the Fair Work Commission's approval of the enterprise agreement under the Fair Work Act 2009. The dispute arose due to the union's contention that the application did not meet certain requirements of the Act, leading to the need for judicial review.

The court was tasked with determining whether the application for approval of the enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the court had to consider if the application was made within the appropriate timeframe, if the agreement was certified by the Commission, and whether the agreement satisfied the good faith bargaining requirement. Additionally, the court examined the union's argument that the application did not adequately address the implications of the agreement on employees' terms and conditions.

The court reviewed the application and the arguments presented by both parties. It found that the application for approval was made within the required timeframe and that the agreement had been certified by the Commission. The court also concluded that the agreement was the product of good faith bargaining and met the necessary statutory requirements. The union's concerns regarding the implications for employees' terms and conditions were addressed, and the court found that the agreement was fair and reasonable. Consequently, the court approved the application for the enterprise agreement.

The final orders of the court included the approval of the enterprise agreement, ensuring that it would be in effect from the specified dates. The court's decision upheld the agreement, allowing it to govern the employment conditions between Deck Guardrail and the union for the stipulated period. This outcome provided clarity and certainty for both the employer and the employees involved.

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