DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4460)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the Clear Interiors 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 Clear Interiors 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 19 July 2016 and, in accordance with s.54, will operate from 26 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an Enterprise Agreement between Clear Interiors Pty Ltd and the union. The dispute centred on the terms of the proposed agreement, particularly those concerning employee entitlements and conditions. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, whether it complied with the Fair Work Act’s provisions regarding minimum entitlements, and whether it appropriately balanced the interests of both parties. The Commission needed to consider whether the agreement was made in good faith, whether it provided for a genuine enterprise agreement, and whether it met the criteria for approval under the Act.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms, met the minimum entitlements as stipulated in the Act, and was made in good faith. The Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, and it was a genuine enterprise agreement.

The Commission approved the Clear Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 July 2016. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The Commission's decision was based on the evidence presented and the legal criteria outlined in the Fair Work Act.

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