DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5054)

AMA COMMERCIAL INSTALLATION TRUST (THE TRUSTEE FOR) T/AS AMA COMMERCIAL INSTALLATION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the AMA Commercial Installation Trust (the Trustee for) T/As AMA Commercial Installation 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 AMA Commercial Installation Trust (the Trustee for) T/As AMA Commercial Installation 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 13 November 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

In the matter of an application by the Australian Manufacturing Workers' Union for the approval of the Australian Manufacturing Association Commercial Installation Trust (the Trustee for) T/As AMA Commercial Installation and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission heard and determined the matter. The union and employer were in dispute over the terms of the enterprise agreement and sought the Commission's approval to resolve the impasse. The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it met the good faith bargaining requirement.

The Commission carefully considered the evidence presented by both parties and the provisions of the proposed agreement. It found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the economic and social context of the industry. The Commission also determined that the parties had engaged in good faith bargaining, as evidenced by the extensive negotiations and attempts to reach a consensus on the terms of the agreement. Based on these findings, the Commission approved the enterprise agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009.

The Commission's decision was based on a detailed analysis of the evidence and legal principles relevant to the approval of enterprise agreements. It emphasised the importance of balancing the rights and interests of both employers and employees, while also considering the broader economic and social context of the industry. The Commission's approval of the agreement was subject to certain conditions, which were designed to ensure that the agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. These conditions included provisions relating to the protection of employees' rights, the prevention of unfair dismissals, and the resolution of disputes.

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