DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5031)

DW SULLIVAN WINDOWS 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 DW Sullivan Windows 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 DW Sullivan Windows 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 Construction, Forestry, Mining and Energy Union (CFMEU) and DW Sullivan Windows Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The application was made under section 232 of the Fair Work Act 2009. The CFMEU is a trade union representing workers in the construction, forestry, mining, and energy industries, while DW Sullivan Windows Pty Ltd is a company operating in the window manufacturing sector.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "registered agreement," which is a type of enterprise agreement that provides for terms and conditions of employment that are no less favourable than the applicable modern award or safety net award. The Commission also had to consider whether the agreement had been made in the spirit of the Fair Work Act, including whether it had been made without any undue influence or coercion.

The Fair Work Commission found that the proposed enterprise agreement met all the necessary criteria for approval. The agreement provided for terms and conditions that were no less favourable than the applicable modern award and safety net award. Furthermore, the Commission was satisfied that the agreement had been made without any undue influence or coercion and in the spirit of the Fair Work Act. The Commission approved the enterprise agreement, and it will now be registered with the Fair Work Ombudsman.

The Fair Work Commission's decision to approve the enterprise agreement between the CFMEU and DW Sullivan Windows Pty Ltd ensures that the terms and conditions of employment provided for in the agreement are legally enforceable. This decision provides certainty to both the employer and the employees, as it confirms that the agreement meets the necessary legal requirements. The registration of the agreement with the Fair Work Ombudsman also ensures that the terms and conditions of employment are accessible to all relevant parties and can be easily enforced if necessary.

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