DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3792)

MIKON CONSTRUCTION (VICTORIA) PTY LTD T/AS MIKON INTERIORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

Application for approval of the Mikon Construction (Victoria) Pty Ltd T/As Mikon Interiors and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mikon Construction (Victoria) Pty Ltd T/As Mikon Interiors and the CFMEU (Victorian Construction and General Division) Plastering 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 8 July 2016 and, in accordance with s.54, will operate from 15 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 (CFMEU) sought approval for the Mikon Construction (Victoria) Pty Ltd T/As Mikon Interiors and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. Mikon Construction contested the approval, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the scope and content of the enterprise agreement, particularly whether it complied with the provisions of the Act and whether it provided for appropriate employee protections and conditions.

The legal issues before the Commission were whether the agreement met the criteria for approval as a certified agreement under the Fair Work Act and whether the agreement provided adequate protections for employees, including provisions for wages, hours of work, leave, and other employment conditions. The Commission had to examine the agreement's compliance with the Act, including whether it was free from prohibited content, provided for a fair and reasonable process for resolving disputes, and included provisions for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission considered the agreement to be free from prohibited content, and it provided for a fair and reasonable process for resolving disputes. The agreement included provisions for the protection of employees' rights and interests, including provisions for wages, hours of work, leave, and other employment conditions. The Commission determined that the agreement was in the best interests of the employees covered by it and approved the agreement. The Commission's decision was based on its assessment of the agreement's compliance with the Fair Work Act and its consideration of the parties' submissions and evidence.

The Fair Work Commission approved the Mikon Construction (Victoria) Pty Ltd T/As Mikon Interiors and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement was approved as a certified agreement under the Fair Work Act, and it will apply to employees of Mikon Construction who are covered by the agreement. The approval of the agreement provides certainty and stability for employees and employers and ensures that the agreement provides adequate protections for employees.

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