DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6106)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Complex Facade Install 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 Complex Facade Install 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 27 December 2017. 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 Fair Work Commission involved an application for the approval of an enterprise agreement between Complex Facade Install Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was proposed to cover the period from 2016 to 2018. The union submitted the application to the Fair Work Commission, seeking its approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal standards for approval as outlined in the legislation, particularly regarding the fairness and reasonableness of the terms and conditions proposed.

The legal issues before the court were whether the enterprise agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with all relevant statutory requirements. The court needed to assess whether the agreement provided for appropriate mechanisms for resolving disputes, and whether it met the 'better off overall test', ensuring that employees would not be worse off financially under the new agreement compared to their previous conditions. Additionally, the court had to consider whether the agreement appropriately addressed issues such as minimum wages, hours of work, and leave entitlements.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, meeting all statutory requirements for approval. The commission considered the comprehensive nature of the agreement, its provisions for dispute resolution, and the evidence presented by both parties. It was determined that the agreement provided for fair terms and conditions of employment and met the better off overall test. The court approved the agreement, recognising its alignment with the principles of fairness and reasonableness as required by the Fair Work Act 2009. The decision was made in light of the thorough examination of the agreement's provisions and the submissions from both the union and the employer.

The final orders of the court approved the Complex Facade Install Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its validity and enforceability. The agreement was set to take effect from the date of the decision, binding both the employer and the employees represented by the union. The court's approval signified that the agreement was in the best interest of the employees and complied with all relevant legislative standards.

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