DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4590)

BRISHONY NOMINEES PTY LTD T/AS COMPOSITE SUPPORT SYSTEMS VICTORIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Brishony Nominees Pty Ltd T/As Composite Support Systems Victoria 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 Brishony Nominees Pty Ltd T/As Composite Support Systems Victoria 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 4 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Brishony Nominees Pty Ltd, trading as Composite Support Systems Victoria, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, proposed for the period 2016 to 2018, was submitted for consideration under the Fair Work Act 2009. The union and the employer sought the Commission's endorsement of the agreement to ensure its enforceability and compliance with the statutory requirements for enterprise agreements.

The central legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it was a genuine enterprise agreement, free from prohibited content, and whether it complied with the mandatory terms and conditions set out in the Act. The Commission had to scrutinise the agreement to determine if it was negotiated in good faith and if it contained provisions that were not contrary to public policy or unfair to any party involved.

The Fair Work Commission examined the agreement thoroughly, considering the submissions from both parties and the implications of the agreement's provisions on the workforce and broader industrial relations framework. The Commission found that the agreement was negotiated in good faith and contained no prohibited content. The terms and conditions proposed were deemed to be fair and balanced, meeting all legislative requirements. Consequently, the Commission approved the agreement, recognising its validity and enforceability under the Act.

In light of the approval, the Commission issued its decision, formally endorsing the enterprise agreement between Brishony Nominees Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the specified period. This decision finalised the application process, allowing the agreement to take effect as a legally binding contract between the employer and the union.

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