DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5404)

VICMAX PTY LTD T/AS VICMAX PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the VICMAX PTY LTD T/As VICMAX PAINTING 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 VICMAX PTY LTD T/As VICMAX PAINTING 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 13 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the VICMAX PTY LTD T/As VICMAX PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process and the content of the agreement. The key legal issues involved whether the agreement had been made in good faith, whether it contained provisions that were contrary to public policy, and whether it met the other statutory criteria for approval.

The Commission examined the evidence and submissions from both parties to determine if the agreement was genuinely negotiated and contained terms that were fair and reasonable. The CFMEU argued that the agreement was the product of genuine bargaining, while VICMAX contended that certain provisions were unfair and not reflective of the bargaining process. The Commission considered the evidence of the bargaining process, the nature of the provisions in question, and whether they contravened public policy. Ultimately, the Commission found that the agreement had been made in good faith and did not contain any provisions that were contrary to public policy. It also found that the agreement met the other statutory criteria for approval.

The Commission approved the enterprise agreement, confirming its compliance with the relevant statutory requirements. The decision highlighted the importance of genuine bargaining and the need for agreements to be fair and reasonable. The approval of the agreement was seen as a positive outcome for both parties, providing a framework for their industrial relationship that was mutually agreed upon and compliant with the law. The Commission's decision underscored the importance of following the correct process and ensuring that agreements are fair and reasonable, while also respecting the rights and interests of 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