DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7132)

VERTILUX CORPORATION PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the Vertilux Corporation Pty Ltd and CFMEU - FFPD Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vertilux Corporation Pty Ltd and CFMEU - FFPD Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and the Vertilux Corporation Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2015. The application was heard by Deputy President A. J. Morris. The dispute centred around the interpretation and approval of the terms and conditions set out in the Enterprise Agreement between the CFMEU and Vertilux Corporation. The key issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of genuine and fair terms and conditions of employment.

The court examined the provisions of the agreement, considering whether it provided for minimum entitlements and avoided undermining the safety net of entitlements. The court also assessed whether the agreement was genuinely negotiated between the parties, taking into account the circumstances of the negotiation process and the extent of the parties' bargaining power. The court found that the agreement was fair and genuine, as it provided for minimum entitlements, did not undermine the safety net of entitlements, and was genuinely negotiated between the parties. The Deputy President approved the application for the Vertilux Corporation Pty Ltd and CFMEU - FFPD Enterprise Agreement 2015, acknowledging that the agreement was fair and genuine.

The court's decision was based on the evidence presented and the application of the relevant legal principles. The court found that the agreement met the requirements of the Fair Work Act 2009 and was therefore approved. The final orders included the approval of the Vertilux Corporation Pty Ltd and CFMEU - FFPD Enterprise Agreement 2015, which would now be registered with the Fair Work Commission and apply to the employees covered by 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