DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4809)

VIRTUS ART PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the VIRTUS ART 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 VIRTUS ART 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 8 August 2016 and, in accordance with s.54, will operate from 15 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 Construction, Forestry, Mining and Energy Union (CFMEU) and VIRTUS ART PTY LTD brought an application to the Fair Work Commission to approve the Enterprise Agreement between the two parties for the period 2016 to 2018. The dispute centred around the terms of the agreement, particularly regarding the classification of employees and the application of the award to those classifications. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legal requirements and whether it was fair and reasonable in all aspects.

The primary legal issue before the Commission was whether the classifications of employees under the proposed agreement were accurate and appropriate, and if the agreement was in accordance with the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission also had to consider if the agreement would provide for a more efficient and productive workplace, as well as whether it addressed the parties' interests fairly and equitably.

After reviewing the arguments presented by both parties and considering the relevant legal principles, the Fair Work Commission determined that the classifications of employees under the proposed agreement were accurate and appropriate. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it adhered to the principles of good faith bargaining and procedural fairness. The Commission was also satisfied that the agreement would provide for a more efficient and productive workplace, and that it addressed the parties' interests fairly and equitably. Consequently, the Commission approved the Enterprise Agreement between VIRTUS ART PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016 to 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