DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4752)

PROFIX ALUMINIUM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the PROFIX ALUMINIUM 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 PROFIX ALUMINIUM 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 10 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 for the approval of the PROFIX ALUMINIUM PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred on the procedural fairness of the agreement, specifically whether the agreement was made in a manner that complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the commission was required to address included whether there was genuine agreement between the parties, and whether the process of reaching the agreement was conducted fairly and in accordance with the statutory requirements. Additionally, the commission needed to determine if the agreement was appropriately representative of the employees and whether it met the standards set by the Act, particularly in terms of the negotiation process and the content of the agreement itself.

The Fair Work Commission, in its reasoning, found that while there were procedural irregularities in the negotiation process, the overall agreement met the criteria for approval. The commission determined that despite the procedural shortcomings, the agreement was genuinely negotiated and represented the interests of the employees. The commission also found that the agreement contained appropriate terms and conditions that were fair and reasonable, meeting the standards required by the Fair Work Act.

The commission approved the enterprise agreement, subject to certain modifications to address the identified procedural irregularities. The final orders mandated that PROFIX ALUMINIUM PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) would need to take specific steps to rectify the procedural issues and ensure compliance with the Act in future negotiations.

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