DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5616)

BENTLEIGH SIGN COMPANY AUSTRALIA UNIT TRUST (ATF) T/AS BENTLEIGH SIGNS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Bentleigh Sign Company Australia Unit Trust (ATF) T/As Bentleigh Signs 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 Bentleigh Sign Company Australia Unit Trust (ATF) T/As Bentleigh Signs 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 18 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 Construction, Forestry, Mining and Energy Union, acting on behalf of employees within the sign manufacturing industry, filed an application for the approval of the Bentleigh Sign Company Australia Unit Trust (ATF) T/As Bentleigh Signs and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment as outlined in the agreement, which the union sought to have recognised and enforced.

The central legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act and if it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to assess if the agreement was made in good faith and if it provided for the appropriate balance of rights and obligations for both employers and employees. Additionally, the Commission examined whether the agreement was consistent with the provisions of the National Employment Standards and if it adhered to the principles of procedural fairness and protection of vulnerable employees.

In reaching its decision, the Commission considered the submissions from both the union and the employer, as well as the broader implications of the agreement on the industry and workforce. The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. It determined that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement was consistent with the National Employment Standards and adhered to the principles of procedural fairness and protection of vulnerable employees. Based on these findings, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act.

The final orders of the Commission were that the Bentleigh Sign Company Australia Unit Trust (ATF) T/As Bentleigh Signs and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered as a valid enterprise agreement under the Fair Work Act. The agreement was to be effective from the date of the Commission's decision and would govern the terms and conditions of employment for the relevant employees within the sign manufacturing industry.

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