DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3681)

MASTERAFIX STEELFIXING 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 Masterafix Steelfixing 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 Masterafix Steelfixing 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) and Masterafix Steelfixing Pty Ltd sought approval of their enterprise agreement from 2016 to 2018. The application was heard by the Fair Work Commission (FWC). The dispute centred on whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009 (Cth).

The legal issues that the FWC had to decide included whether the agreement was appropriately negotiated and whether it met the statutory requirements for approval. A key issue was whether the agreement provided fair and reasonable terms for the employees, considering the balance of rights and obligations between the employer and the employees. Another issue was whether the agreement addressed the needs of the industry and provided for the efficient operation of the business.

The FWC found that the agreement was appropriately negotiated and contained fair and reasonable terms for the employees. The FWC noted that the agreement included provisions for wage increases, improved working conditions, and provisions for the efficient operation of the business. The FWC also found that the agreement addressed the needs of the industry and provided for the efficient operation of the business. The FWC approved the agreement, stating that it was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act.

The FWC approved the Masterafix Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be fairly negotiated and to provide fair and reasonable terms for the employees. The FWC considered that the agreement addressed the needs of the industry and provided for the efficient operation of the business. The FWC's approval of the agreement means that it will be legally binding on the parties from the date of the decision.

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