DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4629)

TRIO PLUMBING (AUSTRALIA) 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 Trio Plumbing (Australia) 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 Trio Plumbing (Australia) 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Trio Plumbing (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The tribunal was tasked with determining if the agreement had been made in good faith and if it provided for the proper classification of employees, their remuneration, and conditions of employment.

The primary legal issues before the Commission were whether the agreement was genuinely a product of genuine bargaining between the parties and if it contained terms that were fair and reasonable. The Commission needed to ensure that the agreement did not disadvantage employees and that it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider if the agreement provided adequate mechanisms for dispute resolution and if it covered all mandatory topics as required by the Act.

In its decision, the Commission found that the agreement had been made in good faith and that it contained terms that were fair and reasonable. The Commission noted that both parties had engaged in genuine negotiations and that the agreement covered all mandatory topics, including pay rates, hours of work, and leave provisions. The Commission also found that the agreement provided adequate mechanisms for dispute resolution and that it did not disadvantage employees. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary criteria for approval under the Fair Work Act.

The Commission's final order was that the Trio Plumbing (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the decision. This decision provided certainty for both parties and ensured that the agreement would operate as intended, governing the employment relationship between the parties 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