DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5169)

ACCESS FLOORS SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Access Floors Services 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 Access Floors Services 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 5 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 applicants, Access Floors Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their enterprise agreement. The agreement aimed to regulate employment terms and conditions within the specified period. The union, CFMEU, contested the application, arguing that certain provisions did not meet the statutory requirements for good faith bargaining. The dispute was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement had been made in good faith, as mandated by the Fair Work Act. The union contended that the agreement did not reflect genuine bargaining, particularly concerning provisions on shift penalties and redundancies. The commission needed to determine if the agreement adhered to the principles of good faith and if it contained all the necessary minimum terms and conditions. Additionally, the commission had to assess whether the agreement would promote productivity, industrial peace, and efficient workplace relations.

In its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements for good faith bargaining. The commission acknowledged the union's concerns but concluded that the evidence did not substantiate a failure to bargain genuinely. The agreement was deemed to include all necessary minimum terms and conditions, and the commission determined that it would facilitate productivity and maintain industrial harmony. Consequently, the commission approved the enterprise agreement, finding that it met the legal standards set out in the Fair Work Act.

The final orders of the commission were that the Access Floors Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act. The union's objections were dismissed, and the agreement was to be implemented as approved. This decision underscored the importance of genuine bargaining and adherence to statutory minimum terms in enterprise agreements.

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