DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4871)

ALULINE COMMERCIAL PTY LTD 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 Aluline Commercial 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 Aluline Commercial 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. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Aluline Commercial Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which is responsible for the approval of such agreements under Australian labour law. The union and the employer sought to have their agreement recognised and made binding on their respective members and employees. The dispute centred on whether the agreement complied with the relevant statutory requirements and whether it was made in good faith and without any improper conduct.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it met the criteria for approval as set out in the Fair Work Act 2009. The Commission had to consider if the agreement was made in good faith, if it was free from any duress or coercion, and if it provided for the terms and conditions of employment that were fair and reasonable. Additionally, the Commission needed to assess if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates certain protections for employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the criteria for approval. The Commission was satisfied that the agreement was made in good faith and without any improper conduct. It was noted that both parties had engaged in a process of negotiation and that the agreement reflected a fair and reasonable compromise between the union and the employer. The Commission concluded that the agreement was consistent with the statutory requirements and did not contain any provisions that were contrary to public policy or contrary to the principles of the Fair Work Act. As such, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Aluline Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, recognising it as a registered agreement under the Fair Work Act 2009. The agreement is now binding on the employees of Aluline Commercial Pty Ltd and the members of the CFMEU (Victorian Construction and General Division) for the specified period.

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