DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5024)

VALLEYCLAD 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 Valleyclad 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 Valleyclad 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 involved an application for the approval of the Valleyclad Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose in the Fair Work Commission, a federal workplace relations tribunal in Australia, tasked with overseeing and approving enterprise agreements.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and whether it complied with the procedural fairness and substantive terms set forth in the Act. The focus was on the negotiation process, the transparency of the agreement, and its compliance with minimum standards of pay and conditions.

In its decision, the Commission carefully reviewed the negotiation process and the content of the agreement. It found that the agreement was made in good faith, as evidenced by the thorough negotiation process and the involvement of representatives from both parties. The Commission also determined that the agreement was transparent and that it complied with the minimum standards set out in the Fair Work Act. Consequently, the Commission approved the enterprise agreement, recognising its fairness and compliance with legal requirements.

The Commission's approval of the enterprise agreement was based on the evidence presented and the application of the statutory criteria. The final orders included the approval of the agreement, which would now govern the employment conditions of the workers covered by the agreement. This decision provided certainty and legal endorsement to the terms negotiated between Valleyclad Pty Ltd and the CFMEU.

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