DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5000)

CREATIVE FITOUT SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the CREATIVE FITOUT SOLUTIONS 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 CREATIVE FITOUT SOLUTIONS 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 15 August 2016 and, in accordance with s.54, will operate from 22 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 case before the Fair Work Commission involved an application for the approval of an enterprise agreement between Creative Fitout Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was for the years 2016 to 2018 and sought to be registered as a single enterprise agreement. The legal issues that the Commission needed to address included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by it.

The Commission began by examining the procedural requirements of the Act, confirming that the application was properly filed and that the necessary parties were served. The Commission then evaluated the substantive provisions of the agreement, considering whether it complied with the various obligations and protections outlined in the Fair Work Act. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not unfairly disadvantage any group of employees. The Commission also considered the fairness of the agreement by examining whether it provided for adequate dispute resolution mechanisms and if it appropriately balanced the rights and obligations of both the employer and the employees.

After thorough consideration of the agreement and the submissions made by both parties, the Commission determined that the agreement met the necessary statutory requirements and was in the best interests of the employees. The agreement was found to be fair and reasonable, providing for a balanced set of rights and obligations. The Commission approved the agreement, noting that it would provide stability and certainty to the employees and the employer, and would serve as a solid foundation for industrial relations within the enterprise for the specified period. The approval was granted, and the agreement was registered accordingly.

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