DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4593)

WETSPOT CONSOLIDATED (VIC) PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

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

Application for approval of the Wetspot Consolidated (Vic) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wetspot Consolidated (Vic) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Wetspot Consolidated (Vic) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The application was made under section 233 of the Fair Work Act 2009 (Cth). The primary legal issue before the court was whether the agreement met the criteria for approval as a registered agreement under the Act, including whether it was in the interests of employees and whether it facilitated improved productivity and efficiency.

The court considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, and whether it complied with the Good Faith Bargaining (GFB) provisions of the Act. The court also examined whether the agreement contained terms that were contrary to public policy or were otherwise unlawful. In making its decision, the court gave weight to the views of the parties, the relevant bargaining representatives, and the Fair Work Commission. The court found that the agreement contained provisions that were in the interests of the employees and facilitated improved productivity and efficiency. It also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and complied with the GFB provisions.

In conclusion, the court approved the Wetspot Consolidated (Vic) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 as a registered agreement under section 233 of the Fair Work Act 2009 (Cth). The court found that the agreement met all the necessary criteria for approval, and that it was in the interests of the employees and facilitated improved productivity and efficiency. The court also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and complied with the GFB provisions.

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