DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4654)

LIANG CHEN FAMILY TRUST T/AS MULTIFIT TIMBER FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JULY 2016

Application for approval of the LIANG CHEN FAMILY TRUST T/As MULTIFIT TIMBER FLOORS 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 LIANG CHEN FAMILY TRUST T/As MULTIFIT TIMBER FLOORS 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 5 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 case involved an application for the approval of an enterprise agreement between the Liang Chen Family Trust trading as Multifit Timber Floors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which is tasked with overseeing the approval of such agreements under Australian labour law. The dispute centred on whether the proposed agreement met the necessary criteria for approval, including compliance with provisions that ensure it does not adversely affect employees' general conditions of employment and provides for a fair process for resolving disputes.

The central legal issues before the Commission were whether the agreement contained terms that were contrary to the provisions of the Fair Work Act 2009 and whether it met the requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and whether it contained provisions that were inconsistent with the protections afforded to employees under the Act.

The Commission examined the terms of the agreement and found that while most provisions were in compliance, there were certain clauses that did not align with the statutory protections for employees. These included provisions that could potentially allow for the bypassing of standard dispute resolution processes. However, the Commission also noted that the parties had engaged in good faith negotiations and that the agreement overall provided for a fair and efficient means of resolving workplace disputes. The Commission ultimately decided that the benefits of approving the agreement outweighed the deficiencies and granted approval, subject to minor amendments to ensure compliance with the Act.

In conclusion, the Commission approved the enterprise agreement, subject to specific changes to ensure that it fully complied with the Fair Work Act. The minor amendments required were to address the concerns about the dispute resolution mechanisms. The parties were directed to make the necessary changes and resubmit the agreement for final approval. This decision underscores the importance of ensuring that enterprise agreements not only reflect the terms agreed upon by the parties but also adhere to the statutory framework designed to protect employees' rights.

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