DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4597)

NEW IMAGE INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the New Image Installations 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 New Image Installations 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 28 July 2016 and, in accordance with s.54, will operate from 4 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 parties involved in this matter were the Construction, Forestry, Mining and Energy Union and New Image Installations Pty Ltd. The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2016 to 2018. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal. The union sought approval for the agreement, while the employer raised concerns regarding certain provisions.

The legal issues before the Commission included whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements. The employer argued that certain provisions in the agreement, such as the inclusion of a "no strike" clause, were not in the best interests of the employees and were not compliant with the Fair Work Act 2009. The union contended that the agreement was fair and reasonable and that the "no strike" clause was necessary to ensure continuity of operations and to protect the business from the potential negative impacts of industrial action.

The Commission found that the agreement was in the best interests of the employees and that it complied with the relevant legislative requirements. The Commission accepted that the "no strike" clause was necessary to protect the business and its operations, and that the benefits of the agreement, such as increased wages and improved working conditions, outweighed any potential detriment to the employees. The Commission approved the agreement and noted that it was a fair and reasonable agreement that met the requirements of the Act. The employer's application for approval of the agreement was dismissed.

In conclusion, the Fair Work Commission approved the Enterprise Agreement between the Construction, Forestry, Mining and Energy Union and New Image Installations Pty Ltd for the period 2016 to 2018. The Commission found that the agreement was in the best interests of the employees and complied with the relevant legislative requirements, including the "no strike" clause. The employer's application for approval of the agreement was dismissed.

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