DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5029)

INTERIOR FITOUT GROUP VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of the Interior Fitout Group Victoria 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 Interior Fitout Group Victoria 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 August 2016 and, in accordance with s.54, will operate from 24 August 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 Interior Fitout Group Victoria Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, proposed for a period of 2016-2018, was submitted to the Commission for its consideration and endorsement. The application was made in accordance with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the statutory criteria outlined in the Fair Work Act. These criteria included ensuring that the agreement was not less favourable than the relevant award or safety net award, and that it was made in good faith and without the coercion of any party. Additionally, the Commission had to assess if the agreement met the requirements for simplification, flexibility, and the promotion of productivity.

In delivering its decision, the Commission carefully reviewed the terms and conditions of the proposed agreement. It was noted that the agreement provided for a range of benefits and protections for the employees, including provisions for wages, hours of work, and various other employment conditions. The Commission found that the agreement did not result in any employee being less favourably treated than under the applicable award and was made in good faith. Furthermore, the agreement was considered to simplify and enhance flexibility in the workplace, thereby promoting productivity. Based on this assessment, the Commission approved the enterprise agreement, finding it to be compliant with all necessary statutory requirements.

The Fair Work Commission approved the Interior Fitout Group Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. This decision ensures that the agreement will govern the employment terms and conditions of the employees for the specified period, subject to the provisions of the Fair Work Act.

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