DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5079)

THE CLANCY FACADES TRUST (THE TRUSTEE FOR) T/AS R & R GROUP (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of The Clancy Facades Trust (The Trustee for) T/As R & R Group (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 Clancy Facades Trust (The Trustee for) T/As R & R Group (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 29 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicants were The Clancy Facades Trust, trading as R & R Group (Vic) Pty Ltd, and the Construction, Forestry, Mining and Energy Union. The dispute centred around whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions regarding minimum entitlements and if it was made in good faith and without coercion.

The legal issues before the Commission were whether the enterprise agreement provided for the minimum entitlements as stipulated by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission considered the application and submissions from both parties, including the Fair Work Ombudsman’s concerns about potential underpayment of employees. The Commission had to balance the need to protect employees' rights with the rights of employers to negotiate agreements.

The Fair Work Commission found that the enterprise agreement did provide for the minimum entitlements required by the Act, and there was no evidence of coercion. The Commission noted the importance of maintaining good faith in the bargaining process and determined that the agreement met the statutory requirements. Therefore, the Commission approved the enterprise agreement, confirming that it complied with the necessary legislative standards.

The final order of the Commission was to approve the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The approval was contingent on the agreement being implemented in accordance with the Fair Work Act, ensuring that all employees covered by the agreement received the entitlements as set out.

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