DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4475)

INDUSTRY ROOFING PTY LTD T/AS INDUSTRY CLADDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2016

Application for approval of the Industry Roofing Pty Ltd T/As Industry Cladding 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 Industry Roofing Pty Ltd T/As Industry Cladding 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 27 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 before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the Industry Roofing Pty Ltd T/As Industry Cladding and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around whether the enterprise agreement met the requirements for approval, specifically if it provided for terms and conditions that were fair and reasonable.

The legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly whether it provided for terms and conditions that were fair and reasonable. Key considerations included the bargaining power of the parties, the nature of the industry, and the impact of the agreement on the workforce. The Commission had to determine if the agreement met the statutory criteria for approval, which included ensuring that the agreement did not enable or facilitate unfair dismissals and that it did not adversely affect employees’ rights to be free from discrimination.

The Commission carefully examined the provisions of the agreement and found that it provided for terms and conditions that were fair and reasonable. It considered the bargaining power of the parties, noting that the union had a strong and legitimate interest in representing its members. The Commission also assessed the impact of the agreement on the workforce, finding that it provided adequate protections and benefits. Importantly, the Commission determined that the agreement did not enable or facilitate unfair dismissals and did not adversely affect employees’ rights to be free from discrimination. Based on this assessment, the Commission approved the enterprise agreement under section 231 of the Fair Work Act.

The final orders of the Commission were that the Industry Roofing Pty Ltd T/As Industry Cladding and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement. The agreement was to be registered and enforceable under the Fair Work Act, effective from the date of the Commission's decision. This decision provided certainty to the parties involved and ensured that the terms and conditions set out in the agreement would govern the employment relationship between the employer and the union members 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