DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4628)

P & M FACADES 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 P & M Facades 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 P & M Facades 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

In the case of Construction, Forestry, Mining and Energy Union, the applicants sought approval of an enterprise agreement for the period 2016-2018. The respondents were P & M Facades Pty Ltd and the CFMEU (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which was asked to determine whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was fair and whether it complied with the statutory provisions regarding minimum entitlements and the process of negotiation.

The Commission examined the nature of the bargaining process, the fairness of the terms and conditions set out in the agreement, and whether the agreement contained all the mandated minimum terms. The Commission found that the agreement was fair, noting that it was the result of good faith negotiations between the parties. The terms and conditions were considered to be reasonable and appropriate for the industry, and the agreement was deemed to provide for the employees' minimum entitlements as required by law. The Commission was satisfied that the process followed in negotiating the agreement was fair and that the agreement met all the statutory requirements.

Consequently, the Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009. The Commission's decision was based on a thorough analysis of the bargaining process, the terms of the agreement, and the statutory obligations. The approval of the agreement ensures that the employees of P & M Facades Pty Ltd will benefit from the terms negotiated by their representatives, while the employer gains certainty regarding the employment conditions for the specified period.

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