DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5238)

INNOVATIVE WINDOW SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the Innovative Window Solutions 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 Innovative Window Solutions 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 6 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

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Innovative Window Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The central issue was whether the agreement complied with the legal requirements for registration, including that it provided for a fair and efficient workplace.

The Fair Work Commission had to determine if the enterprise agreement contained all the necessary elements, including provisions for employee classification, wages and conditions, and dispute resolution mechanisms. Furthermore, the Commission considered whether the agreement had been negotiated in good faith and whether it met the "better off overall test," ensuring that employees were no worse off than they would be under the applicable awards or the general industrial relations system. The Commission examined the submissions and evidence from both parties, focusing on whether the agreement provided for a fair and efficient workplace and met all the statutory requirements for registration.

After careful consideration of the evidence and submissions, the Fair Work Commission determined that the proposed enterprise agreement did indeed meet all the necessary legal requirements for registration. The agreement was found to provide for a fair and efficient workplace and satisfied the better off overall test. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act 2009. This decision ensured that the rights and obligations of both the employees and the employer were legally recognised and enforceable.

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