DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6306)

TRIDENT TOILET PARTITIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JANUARY 2018

Application for approval of the Trident Toilet Partitions 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 Trident Toilet Partitions 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.

[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 9 January 2018. 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 before the court involved an application for the approval of an enterprise agreement between Trident Toilet Partitions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant union sought the court's endorsement of the agreement, which had been negotiated with the employer. The Fair Work Commission had previously certified the agreement as a single-enterprise agreement, and the union sought the court's final approval as mandated by the Fair Work Act 2009.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, it needed to consider if the agreement complied with the good faith bargaining requirement and if it contained all the mandatory terms prescribed by the Act. Additionally, the court had to ensure that the agreement did not unfairly discriminate against employees and that it did not contain terms that were contrary to public policy.

In delivering its decision, the court meticulously examined the terms of the agreement. It found that the agreement was the product of good faith bargaining and contained all the mandatory terms required by the Act. The court was satisfied that the agreement did not unfairly discriminate against any employees and did not include any terms that contravened public policy. As such, the court approved the agreement, endorsing its provisions for implementation between the parties.

The court's final order was the approval of the Trident Toilet Partitions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This approval meant that the agreement would now have legal effect, binding both the employer and the employees covered by the agreement. The decision underscored the importance of ensuring that enterprise agreements comply with legislative requirements to maintain fairness and effectiveness in the workplace.

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