DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4821)

LUKE CANNARD CARPENTRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the LUKE CANNARD CARPENTRY 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 LUKE CANNARD CARPENTRY 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.

[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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the LUKE CANNARD CARPENTRY PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute between the CFMEU and Luke Cannard Carpentry Pty Ltd centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The central legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for registration and approval under the Act. This involved examining the agreement's adherence to the mandatory terms set out in the Fair Work Act and ensuring that it did not undermine the safety net of minimum entitlements provided by the Act.

The Fair Work Commission, in its decision, found that the enterprise agreement was consistent with the provisions of the Fair Work Act and met the criteria for approval. The court examined various aspects of the agreement, including the provisions for wages, hours of work, and other conditions of employment. It concluded that the agreement did not contain any provisions that were contrary to the Act and that it provided for fair and reasonable terms of employment. Consequently, the court approved the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act.

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