DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4723)

NU-LITE BALUSTRADING UNIT TRUST (THE TRUSTEE FOR) T/AS NU-LITE BALLUSTRADING PTY LTD 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 Nu-Lite Balustrading Unit Trust (The Trustee For) T/As Nu-Lite Ballustrading 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 Nu-Lite Balustrading Unit Trust (The Trustee For) T/As Nu-Lite Ballustrading 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 4 August 2016 and, in accordance with s.54, 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 matter before the Fair Work Commission involved an application for approval of the Nu-Lite Balustrading Unit Trust, trading as Nu-Lite Balustrading Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The union sought approval for the agreement, which had been negotiated with the employer. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement was in the public interest, provided for genuine enterprise bargaining, and complied with the relevant legislative provisions. The Commission had to determine if the agreement met the necessary standards for approval, including whether it provided for fair and reasonable terms and conditions for employees, and whether it facilitated productive and harmonious workplace relations. The Commission also considered the parties' bargaining positions and whether the agreement was made in good faith.

In its decision, the Fair Work Commission found that the agreement met the criteria for approval. The Commission determined that the agreement was in the public interest, provided for genuine enterprise bargaining, and complied with the relevant legislative provisions. The Commission noted the parties' bargaining positions and found that the agreement was made in good faith and facilitated productive and harmonious workplace relations. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees and that it would not have an adverse effect on the broader economy or industrial relations system.

The Commission approved the Nu-Lite Balustrading Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the decision. The employer and the union were required to comply with the terms of the agreement and to take all reasonable steps to ensure that its provisions were implemented and enforced. The decision provided clarity and certainty for the parties and helped to promote productive and harmonious workplace relations.

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