DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/4703)

LIVELY TEAM PTY LTD T/AS ADD A LINE LINEMARKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Lively Team Pty Ltd T/As Add A Line Linemarking 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 Lively Team Pty Ltd T/As Add A Line Linemarking 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 4 August 2016 and, in accordance with s.54, will operate from11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Lively Team Pty Ltd T/As Add A Line Linemarking and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, the union, sought to have the enterprise agreement approved as a modern award. The employer, Add A Line Linemarking, did not oppose the application. The dispute centred on whether the agreement contained the required provisions and whether it complied with the relevant statutory requirements for approval.

The central legal issue before the commission was whether the enterprise agreement contained all the necessary provisions and complied with the statutory requirements set out in the Fair Work Act 2009. The commission needed to determine if the agreement was fair and reasonable, met the minimum standards for employment conditions, and was free from prohibited content. It also had to consider if the agreement was negotiated in good faith and whether the process for its negotiation was fair.

The commission found that the agreement contained all the necessary provisions and met the statutory requirements. It was concluded that the agreement was fair and reasonable, met the minimum standards, and was free from prohibited content. The commission was satisfied that the agreement had been negotiated in good faith and that the process for its negotiation was fair. The commission approved the enterprise agreement, finding that it provided for a fair and reasonable method of determining the terms and conditions of employment.

The commission's approval of the enterprise agreement ensures that it will now function as a modern award, setting out the terms and conditions of employment for the relevant employees. The agreement provides for a comprehensive set of employment conditions, including minimum wages, leave entitlements, and other benefits. The approval of the agreement provides certainty and stability for both the employer and employees, and ensures that the terms and conditions of employment are fair and reasonable.

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