DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2253)

VISION JOINERY VICTORIA (VJV) PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 MARCH 2015

Application for approval of the Vision Joinery Victoria (VJV) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Vision Joinery Victoria (VJV) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 7 April 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Vision Joinery Victoria (VJV) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The dispute arose due to disagreements between the union and the employer regarding the terms and conditions of employment within the shop fitting manufacturing sector in Victoria.

The legal issues the court had to resolve included whether the agreement met the requirements for being "registered" under the Fair Work Act 2009, specifically whether it contained the necessary "no disadvantage" clause and whether it complied with other statutory obligations such as those relating to minimum wages and hours of work. The court also had to determine if the agreement was made in good faith and if it was fit for the purpose of enterprise bargaining.

The Fair Work Commission found that the agreement met all the necessary criteria for registration. It included the required "no disadvantage" clause, ensuring that employees would not be worse off under the new agreement than they were under their previous terms. The Commission also determined that the agreement was made in good faith and was fit for the purpose of enterprise bargaining. As a result, the Commission approved the agreement for registration.

The court ordered the approval of the Vision Joinery Victoria (VJV) Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018, effective from the date of the decision. This decision affirmed the agreement's validity and ensured that it would be binding on both parties 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