DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4495)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JULY 2016

Application for approval of the Vogue Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vogue Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers 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 21 July 2016 and, in accordance with s.54, will operate from 28 July 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 matter involved an application for the approval of an enterprise agreement between Vogue Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was brought before the Fair Work Commission, with the applicant seeking the approval of the Tilelayers Enterprise Agreement 2016-2018. The central issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fairly negotiated, if it complied with the good faith bargaining obligations, and if it contained provisions that were necessary to prevent unfair treatment of employees.

The court examined the process through which the agreement was negotiated, focusing on whether both parties engaged in genuine discussions and if the agreement reflected a fair compromise between the parties' interests. It also considered if the agreement contained provisions that were necessary to prevent unfair treatment of employees, such as those relating to pay, conditions, and dispute resolution. The court further assessed whether the agreement met the statutory requirements for approval, including whether it was in writing and provided for the resolution of any disputes arising under it. Ultimately, the court found that the agreement was fairly negotiated and contained necessary provisions to prevent unfair treatment, thereby meeting the criteria for approval under the Fair Work Act 2009. The court granted the application for approval of the enterprise agreement.

The final orders of the court included the approval of the Tilelayers Enterprise Agreement 2016-2018 between Vogue Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was to be registered with the Fair Work Commission and would come into effect from the date of the approval. The orders ensured that the agreement would be legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the 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