DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5487)

VISION JOINERY VICTORIA (VJV) PTY LTD T/AS VISION JOINERY VICTORIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the VISION JOINERY VICTORIA (VJV) PTY LTD T/As VISION JOINERY VICTORIA 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 VISION JOINERY VICTORIA (VJV) PTY LTD T/As VISION JOINERY VICTORIA 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 16 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval of the VISION JOINERY VICTORIA (VJV) PTY LTD T/As VISION JOINERY VICTORIA and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Fair Work Commission was the forum for this application, which was made in light of the need to resolve disputes and ensure fair terms of employment for the parties involved.

The central legal issues that the Commission had to address were whether the proposed enterprise agreement complied with the relevant sections of the Fair Work Act 2009, particularly those that pertain to the process for making the agreement, its content, and whether it met the 'better off overall test' (BOOT). The Commission was required to determine if the agreement was made in good faith and if it provided fair and reasonable terms for the employees.

The Commission examined the evidence and submissions provided by both parties. It found that the agreement had been made in good faith and that it contained terms that were fair and reasonable. The Commission was satisfied that the agreement met the BOOT, as it provided overall benefits to the employees, despite some minor concerns raised. The Commission concluded that the proposed agreement was compliant with the relevant provisions of the Act and approved it accordingly.

As a result of this decision, the Fair Work Commission granted approval for the enterprise agreement between VISION JOINERY VICTORIA (VJV) PTY LTD T/As VISION JOINERY VICTORIA and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. This decision ensures that the terms and conditions of employment are regulated in a manner that is fair and reasonable for both employers and employees.

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