DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4864)

TS & G ROCKS PTY LTD T/AS ADVANCED FIRE DOORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the TS & G Rocks Pty Ltd T/As Advanced Fire Doors 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 asthe TS & G Rocks Pty Ltd T/As Advanced Fire Doors 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 9 August 2016 and, in accordance with s.54, 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

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFME) to the Fair Work Commission for approval of the TS & G Rocks Pty Ltd T/As Advanced Fire Doors and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant sought to have the agreement approved as a modern award, with the union arguing that the terms of the agreement were fair and reasonable in all respects. The application was opposed by TS & G Rocks, who argued that certain provisions of the agreement were not fair and reasonable, and that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the Enterprise Agreement were fair and reasonable in all respects, and whether the agreement met the requirements of the Fair Work Act 2009. In particular, the Commission was required to consider whether the agreement provided for a fair and reasonable rate of pay and conditions for employees, and whether it contained any terms that were unfair or unreasonable. The Commission also had to consider whether the agreement complied with the requirements of the Fair Work Act 2009, including the need for the agreement to be in writing and to be approved by the Commission.

In delivering its decision, the Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions for employees, and that the provisions of the agreement were not unfair or unreasonable. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that there were no grounds for refusing to approve the agreement. The Commission concluded that the agreement was fair and reasonable in all respects, and approved it as a modern award.

The Fair Work Commission approved the TS & G Rocks Pty Ltd T/As Advanced Fire Doors and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 as a modern award, effective from the date of the decision. The agreement will now apply to all employees covered by the agreement, and will provide for their rate of pay and conditions of employment. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds.

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