DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4744)

SHANE POYNER T/AS POYNER CARPENTRY 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 Shane Poyner T/As Poyner Carpentry 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 Shane Poyner T/As Poyner Carpentry 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the Shane Poyner T/As Poyner Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The respondent, Shane Poyner T/As Poyner Carpentry, contested the agreement's approval. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, particularly those related to employee benefits, working hours, and dispute resolution mechanisms.

The legal issues before the court involved assessing whether the agreement met the requirements for approval under the Fair Work Act 2009. This included ensuring the agreement provided for fair and reasonable terms and conditions, and did not undermine the protection of employees' rights and entitlements. The court also needed to determine if the agreement complied with the relevant provisions of the Act and the National Employment Standards.

The Fair Work Commission, after considering the submissions from both parties, found that the agreement generally provided for fair and reasonable terms and conditions. The court noted that while there were some areas of contention, particularly regarding certain clauses on overtime and dispute resolution, the overall provisions of the agreement did not undermine the protection of employees' rights. The court was satisfied that the agreement met the statutory requirements for approval and did not contain any provisions that would be contrary to the public interest. Consequently, the court approved the enterprise agreement, highlighting the need for both parties to address the contentious clauses through further negotiations.

The final order of the court was the approval of the Shane Poyner T/As Poyner Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the condition that the parties work together to resolve the identified contentious clauses.

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