DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4906)

N BISSO & S WARDA T/AS LIQUID STEEL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building services
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the N Bisso & S Warda T/As Liquid Steel 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 N Bisso & S Warda T/As Liquid Steel 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMU) applied for the approval of the N Bisso & S Warda T/As Liquid Steel and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was contested by N Bisso & S Warda T/As Liquid Steel, who argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement complied with the mandatory provisions of the Act and whether it was in the best interests of the employees covered by the agreement.

The Commission considered the terms and conditions of the agreement, including those relating to wages, hours of work, leave, and other employment-related matters. The Commission examined whether the agreement provided for a safety net of minimum wages and conditions, whether it contained provisions that were contrary to public policy, and whether it provided for the proper regulation of industrial relations. The Commission also considered the views of the parties and any relevant evidence or submissions.

After reviewing the evidence and submissions, the Commission found that the agreement complied with the mandatory provisions of the Act and was in the best interests of the employees. The Commission approved the agreement, noting that it provided for a fair and reasonable safety net of minimum wages and conditions, did not contain any provisions that were contrary to public policy, and provided for the proper regulation of industrial relations. The Commission also noted that the agreement had been negotiated in good faith and was supported by both parties.

The Fair Work Commission approved the N Bisso & S Warda T/As Liquid Steel and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement for the period 2016-2018.

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