DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5151)

FACADE WORKS FAMILY TRUST (THE TRUSTEE FOR) T/AS FACADE WORKS VIC 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 Facade Works Family Trust (The Trustee for) T/As Facade Works Vic 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 Facade Works Family Trust (The Trustee for) T/As Facade Works Vic 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

In this case, the Facade Works Family Trust, trading as Facade Works Vic Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval from the Fair Work Commission for their Enterprise Agreement 2016-2018. The dispute was heard by the Fair Work Commission, an Australian federal court with jurisdiction over employment and workplace relations matters.

The primary legal issues before the court involved whether the terms of the enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "registerable" agreement, whether it met the criteria for approval under section 233 of the Fair Work Act, and if it complied with the "better off overall test" in section 234 of the Act. The court also had to consider if the agreement adequately covered the minimum entitlements of employees as stipulated in the Act.

The Fair Work Commission assessed the agreement term by term, ensuring that each provision was in line with the legislative requirements. The court found that the agreement met the criteria for registration and approval, as it provided for fair and reasonable terms for the employees, and met the better off overall test. The court approved the agreement, noting the balance between the interests of the employer and the employees, and the overall fairness of the agreement's provisions.

The final orders of the Fair Work Commission were that the Facade Works Family Trust (The Trustee for) T/As Facade Works Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

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