DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5272)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the MELBOURNE FACADES 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 MELBOURNE FACADES 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 7 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 applied for approval of the Melbourne Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was opposed by Melbourne Facades Pty Ltd. The nature of the dispute involved whether the agreement complied with the relevant legislative provisions and whether it contained all the mandated terms and conditions.

The legal issues before the Court centred on the interpretation and application of the Fair Work Act 2009, specifically sections relating to the registration and approval of enterprise agreements. The Court had to determine if the agreement met the criteria for approval, including whether it contained the minimum terms and conditions set out in the Fair Work Act, and whether it was free from prohibited content. The Court also considered whether the agreement was genuinely negotiated and if it complied with the procedural requirements.

The Court found that the agreement contained all the mandated terms and conditions, including the minimum entitlements prescribed by the Fair Work Act. It also determined that the agreement was free from prohibited content and had been genuinely negotiated between the parties. The Court held that the procedural requirements for the approval of the agreement had been satisfied, and the agreement was therefore approved. The Court emphasised the importance of ensuring that enterprise agreements meet the statutory requirements to avoid potential disputes and legal challenges.

The final orders of the Court were that the Melbourne Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered. The agreement was to be effective from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement. The Court's decision provided clarity on the approval process for enterprise agreements and reinforced the importance of compliance with legislative requirements.

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