DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4792)

FLEX FENCING PTY LTD T/AS FLEX FENCING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the Flex Fencing Pty Ltd T/As Flex Fencing 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 Flex Fencing Pty Ltd T/As Flex Fencing 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 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Flex Fencing Pty Ltd, trading as Flex Fencing, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, a body with jurisdiction to approve or reject enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval, including whether it provided for a fair and reasonable safety net for employees, and whether it was made in good faith and without coercion.

The central legal issues the Commission had to resolve included whether the enterprise agreement contained terms that were fair and reasonable, particularly in relation to minimum wages, penalty rates, and other conditions of employment. The Commission also had to consider whether the agreement was made in good faith, without coercion, and whether it provided for an appropriate safety net for employees. Additionally, the Commission had to determine whether the agreement contained any terms that were not in the best interests of the employees, and whether it complied with the provisions of the Fair Work Act.

In reaching its decision, the Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission noted that the enterprise agreement contained provisions for minimum wages and penalty rates that were in line with, or exceeded, the relevant awards and the national safety net. The Commission also found that the agreement was made in good faith, without coercion, and provided for an appropriate safety net for employees. The Commission concluded that the proposed enterprise agreement met the requirements for approval under the Fair Work Act, and accordingly, granted approval of the enterprise agreement.

The Commission's decision was made under section 232 of the Fair Work Act, and the enterprise agreement was approved as meeting the requirements for approval. The approval of the enterprise agreement means that it will now form the basis of employment conditions for employees of Flex Fencing Pty Ltd, trading as Flex Fencing, for the period specified in the agreement. The decision is final and binding on the parties, and cannot be challenged in any court or tribunal.

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