DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5038)

TOP FORM STONE ART DIVISION 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 Top Form Stone Art Division 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 Top Form Stone Art Division 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

In the matter of an application for approval of the Top Form Stone Art Division Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with considering whether the agreement met the statutory requirements for approval. The applicant, Top Form Stone Art Division Pty Ltd, sought approval for the enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was proposed to cover the employees of Top Form Stone Art Division Pty Ltd and was to be in effect for a period of two years.

The primary legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the procedural and substantive requirements for approval. This involved assessing whether the agreement was certified by an independent certifier, if it contained the prescribed minimum terms and conditions, and whether it was made in good faith and without coercion.

The Fair Work Commission determined that the enterprise agreement was compliant with the statutory requirements. The agreement was certified by an independent certifier, contained the prescribed minimum terms and conditions, and was made in good faith without any evidence of coercion. The Commission found that all procedural and substantive requirements for approval were satisfied. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between Top Form Stone Art Division Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018.

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