DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4643)

WAYNE ROLLER SHUTTERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Wayne Roller Shutters 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 the Wayne Roller Shutters 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 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between Wayne Roller Shutters Pty Ltd and the CFMEU (Victorian Construction and General Division). The applicant union submitted the agreement to the Fair Work Commission under section 234 of the Fair Work Act 2009. The applicant employer opposed the application on the basis that the agreement was not in the best interests of the employees. The matter was heard in the Fair Work Commission. The primary issue for the Commission to determine was whether the agreement met the requirements of section 233 of the Act. This required a consideration of whether the agreement was in the best interests of the employees, and whether it complied with the relevant provisions of the Act.

The Commission found that the agreement met the requirements of section 233 of the Act. The agreement contained provisions that were in the best interests of the employees, such as provisions for a 38-hour working week, overtime rates, and provisions for casual employees. The Commission also found that the agreement complied with the relevant provisions of the Act, including the requirement that the agreement be in writing and be signed by authorised representatives of the parties. The employer's opposition was dismissed, and the agreement was approved.

The Fair Work Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act 2009. The agreement was in the best interests of the employees and complied with the relevant provisions of the Act. The employer's opposition to the approval of the agreement was dismissed. The agreement was approved as a registered agreement, effective from 1 July 2016.

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