DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4928)

MASTERLITE WINDOW INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2016

Application for approval of the Masterlite Window Installations 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 the Masterlite Window Installations 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Masterlite Window Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, the CFMEU, is a trade union representing workers in various industries, while Masterlite Window Installations Pty Ltd is an employer in the window installation industry. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement between the union and the employer.

The legal issues before the court were primarily concerned with whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The court had to assess whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a more favourable overall package of terms and conditions than the applicable modern award. Additionally, the court examined whether the agreement was consistent with the principles of procedural fairness and did not contravene any provisions of the Fair Work Act.

In delivering its decision, the court carefully considered the terms of the enterprise agreement and the evidence presented by both parties. It found that the agreement satisfied the BOOT requirement and was procedurally fair. The court determined that the agreement provided employees with better overall terms and conditions compared to the relevant modern award. Furthermore, the court concluded that the agreement did not contravene any provisions of the Fair Work Act. Based on these findings, the court approved the enterprise agreement.

The Fair Work Commission granted the application for approval of the Masterlite Window Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The court's decision was based on the agreement meeting the statutory requirements under the Fair Work Act, including the BOOT requirement and procedural fairness. The approval of the enterprise agreement signifies its legality and enforceability in the context of the employment relationship between the union and the employer.

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