DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4588)

COLLMILL SIGN GROUP UNIT TRUST (THE TRUSTEE FOR) T/AS COLLMILL GROUP 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 Collmill Sign Group Unit Trust (The Trustee For) T/As Collmill Group 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 Collmill Sign Group Unit Trust (The Trustee For) T/As Collmill Group 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

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) and the Collmill Sign Group Unit Trust (The Trustee For) T/As Collmill Group, the Fair Work Commission was required to determine whether to approve an enterprise agreement between the parties. The dispute centred around various terms and conditions of employment, including wages, hours of work, and other workplace provisions, as outlined in the proposed agreement.

The key legal issues before the Commission involved assessing whether the agreement met the statutory criteria for approval, specifically under section 234 of the Fair Work Act 2009. This required scrutiny of whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated and agreed upon by the parties. Additionally, the Commission had to determine if the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

In its reasoning, the Commission evaluated the submissions and evidence from both parties, focusing on whether the agreement was fair and reasonable in all its terms. The Commission considered the nature of the bargaining process, the extent to which the agreement reflected a balance of interests between the parties, and whether it aligned with broader industrial standards. Ultimately, the Commission found that the agreement did meet the necessary criteria for approval and was satisfied that it provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Collmill Sign Group Unit Trust (The Trustee For) T/As Collmill Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision formalises the terms and conditions set out in the agreement, which will now govern 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