DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3689)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Elite Commercial 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 Elite Commercial 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 4 July 2016 and, in accordance with s.54, will operate from 11 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 Elite Commercial Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, where the primary issue was whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while the employer raised concerns about specific provisions that they believed were overly restrictive or financially burdensome.

The court had to determine if the enterprise agreement was a genuine agreement reached through genuine bargaining, and if it contained the required minimum terms and conditions of employment. Additionally, the court examined whether the agreement was in the best interests of the employees and did not have a detrimental effect on the employer's capacity to conduct their business. The union asserted that the agreement reflected a fair and reasonable compromise between the parties, while the employer contended that certain provisions would unduly constrain their operational flexibility and financial viability.

The Fair Work Commission found that the enterprise agreement was indeed a genuine agreement reached through genuine bargaining. The court considered the evidence presented by both parties and concluded that the agreement contained all the necessary minimum terms and conditions. The commission also determined that the agreement was in the best interests of the employees, as it provided them with a fair and reasonable set of conditions. The court further found that, despite the employer's concerns, the agreement would not have a detrimental effect on their capacity to conduct their business. Therefore, the commission approved the enterprise agreement, acknowledging the balance achieved between the interests of the employees and the employer.

The final orders of the commission included the approval of the Elite Commercial Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to be registered and enforced under the Fair Work Act 2009, with effect from the date of the commission's decision. This ruling established the agreement as a legally binding contract between the parties, governing the terms and conditions of employment for the duration specified in 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