DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3655)

FACADE DESIGNS INTERNATIONAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Facade Designs International 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 Facade Designs International 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 30 June 2016 and, in accordance with s.54, will operate from 7 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 parties involved in this case were Facade Designs International Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute arose over the approval of an enterprise agreement between the two parties. The Fair Work Commission was the court in this matter. The primary issue that the court had to decide was whether the enterprise agreement in question met the requirements of section 230 of the Fair Work Act 2009. This section mandates that an enterprise agreement must provide for a process to resolve disputes between employees and employers. Additionally, the court had to consider whether the agreement complied with the good faith bargaining provisions outlined in section 228 of the same Act.

The court examined the provisions of the agreement to determine if it included a dispute resolution process. It was found that the agreement did provide for such a process, thus satisfying the requirements of section 230. Furthermore, the court assessed whether the agreement was made in good faith, as required by section 228. The court considered various factors, including the conduct of the parties during the negotiation process and the content of the agreement itself. After careful deliberation, the court concluded that the agreement was made in good faith and complied with the statutory requirements.

The court approved the enterprise agreement, finding that it met all necessary legislative criteria. The decision was based on the provision of a dispute resolution process and the demonstration of good faith bargaining. The court's decision was final, and no further orders were required beyond the approval of the agreement. This ruling confirmed that the enterprise agreement between Facade Designs International Pty Ltd and the Construction, Forestry, Mining and Energy Union was valid and enforceable under the Fair Work Act 2009.

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