DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5005)

FORTIS CONSTRUCTION PRODUCTS PTY LTD T/AS TOTAL PATCH & SEAL 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 Fortis Construction Products Pty Ltd T/As Total Patch & Seal 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 Fortis Construction Products Pty Ltd T/As Total Patch & Seal 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Fortis Construction Products Pty Ltd, trading as Total Patch & Seal, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, titled "Fortis Construction Products Pty Ltd T/As Total Patch & Seal and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018", was submitted for endorsement to ensure its compliance with the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the statutory requirements for approval, including whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The legal issues addressed by the Commission included whether the agreement was sufficiently in the interests of the employees it covered, whether it complied with the good faith bargaining requirement, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to assess whether the agreement was free from any illegal or unfair content and whether the union had conducted the bargaining process in a manner consistent with the legislative framework. The Commission also considered the fairness and reasonableness of the agreement's provisions in the context of the industry and the respective rights and obligations of the employer and employees.

The Fair Work Commission determined that the enterprise agreement met all the necessary requirements for approval. The Commission found that the agreement was in the interests of the employees and contained appropriate terms and conditions. It also concluded that the bargaining process was conducted in good faith and that the union had met its obligations under the Fair Work Act. The agreement was found to be free from any illegal or unfair content, and the Commission was satisfied that it complied with all statutory provisions. Therefore, the Commission approved the enterprise agreement, confirming its validity and enforceability under 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