DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4733)

CSF FACADE UNIT TRUST (THE TRUSTEE FOR) T/AS CSF FACADE 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 CSF Facade Unit Trust (The Trustee For) T/As CSF Facade 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 CSF Facade Unit Trust (The Trustee For) T/As CSF Facade 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFME) to approve the CSF Facade Unit Trust (the Trustee For) trading as CSF Facade Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement sought approval under the Fair Work Act 2009. The employer, represented by the trustee, opposed the application, raising several objections regarding the fairness and compliance of the proposed agreement.

The legal issues before the Commission centred on whether the enterprise agreement was fair and if it complied with the provisions of the Fair Work Act. The employer argued that certain clauses in the agreement were overly generous to employees, particularly in terms of penalty rates and shift allowances, and that these provisions did not meet the standard set by the Act for being fair and reasonable. Additionally, the employer contended that the agreement did not appropriately balance the interests of both employers and employees, as required by the legislation.

The Commission carefully reviewed the arguments presented and considered the evidence provided by both parties. The Commission found that while some of the provisions in the agreement were indeed more favourable to employees, they did not exceed the bounds of what could be considered fair. The Commission concluded that the agreement contained provisions that appropriately balanced the interests of both employers and employees, and therefore met the requirements for approval under the Act. Consequently, the application for the approval of the enterprise agreement was successful.

The Fair Work Commission approved the CSF Facade Unit Trust (the Trustee For) T/As CSF Facade Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be fair and compliant with the Fair Work Act. The decision emphasised the importance of considering the balance of interests between employers and employees when assessing the fairness of an enterprise agreement.

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