DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1253)

VERSATILE FITOUT QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Versatile Fitout QLD Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Versatile Fitout QLD Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Versatile Fitout QLD Pty Ltd, with the dispute centering around the approval of their Union Collective Agreement 2014-2018. The Fair Work Commission (FWC) was the judicial body tasked with resolving this matter. The crux of the issue was whether the agreement adhered to the statutory requirements and if it could be considered fair and reasonable for both parties involved.

The legal issues the FWC had to address included the fairness and reasonableness of the terms and conditions outlined in the collective agreement, the compliance of these terms with the Fair Work Act 2009, and the procedural fairness in the negotiation and drafting of the agreement. The FWC needed to ensure that the agreement did not unfairly disadvantage either party and that it complied with the statutory provisions for minimum entitlements and conditions.

In its reasoning, the FWC examined the specific provisions of the agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The FWC concluded that the agreement was fair and reasonable, taking into consideration the broader economic context, the nature of the industry, and the bargaining positions of the parties. The FWC found no grounds to reject the agreement on the basis of procedural fairness or statutory compliance. Consequently, the application for approval of the collective agreement was granted.

The FWC's final order was the approval of the Union Collective Agreement 2014-2018 between the Construction, Forestry, Mining and Energy Union and Versatile Fitout QLD Pty Ltd. The court confirmed that the agreement met all necessary criteria and was fair and reasonable for both parties, thus allowing it to be registered 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