DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4621)

BARTON FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the Barton Fixing 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 Barton Fixing 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 27 July 2016 and, in accordance with s.54, will operate from 3 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 matter of an application for approval of the Barton Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Australian Industrial Relations Commission was called upon to determine whether the proposed agreement should be approved under the Fair Work Act 2009. The applicant, Barton Fixing Pty Ltd, sought approval of the enterprise agreement, which outlined terms and conditions of employment for its employees, while the union, the Construction, Forestry, Mining and Energy Union, supported the agreement.

The primary legal issue before the commission was whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for a safety net of minimum terms and conditions and was free from any terms that would undermine the safety net. The commission also needed to consider if the agreement was made in good faith and in the spirit of cooperative action. Furthermore, the commission had to determine whether the agreement provided for appropriate mechanisms for dispute resolution and dealt with the interests of employees in a fair and reasonable manner.

In examining the agreement, the commission found that it provided a safety net of minimum terms and conditions of employment, which were not less favourable than the applicable award or safety net provisions. The commission also found that the agreement was made in good faith and in the spirit of cooperative action. It noted that the agreement included appropriate mechanisms for dispute resolution and dealt with the interests of employees in a fair and reasonable manner. Consequently, the commission approved the Barton Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met all the necessary requirements under the Fair Work Act.

As a result of the commission's approval, the agreement is now a registered enterprise agreement, providing the basis for the terms and conditions of employment for Barton Fixing Pty Ltd's employees. The agreement will remain in effect until the end of its term or until it is replaced by a new agreement.

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