DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5137)

SIX DEGREES BUILDING PTY LTD T/AS INTERFACE CONSTRUCTIONS VICTORIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2016

Application for approval of the Six Degrees Building Pty Ltd T/As Interface Constructions Victoria 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 Six Degrees Building Pty Ltd T/As Interface Constructions Victoria 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 2 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 Construction, Forestry, Mining and Energy Union, acting on behalf of its members, applied for approval of the Enterprise Agreement between Six Degrees Building Pty Ltd, trading as Interface Constructions Victoria, and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the proposed terms of the enterprise agreement met the requirements of the Act and were in the best interests of the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement complied with the procedural requirements of the Act and whether it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it contained certain mandatory terms, and if it was fair and reasonable for the employees. The Commission also had to consider whether the agreement appropriately addressed the terms and conditions of employment for the employees, including their wages, working conditions, and other employment-related matters.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandatory terms required by the Act. The Commission also determined that the agreement was fair and reasonable for the employees, as it provided for appropriate wage increases, included provisions for working conditions, and contained other terms that were beneficial to the employees. The Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission noted that the agreement had been negotiated in a collaborative and transparent manner, with both parties making concessions to reach a mutually acceptable outcome.

The Fair Work Commission approved the Enterprise Agreement between Six Degrees Building Pty Ltd, trading as Interface Constructions Victoria, and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The approval took effect from the date of the Commission's decision and was registered with the Registrar of the Fair Work Commission. The agreement now forms the basis of the employment terms and conditions for the employees covered by it, and both parties are bound by its terms.

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