DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5136)

TENON JOINERY PTY LTD 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 Tenon Joinery 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 Tenon Joinery 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 13 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Tenon Joinery Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union, CFMEU, sought to have the agreement approved under section 231 of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the requirements for approval, including the provisions regarding pay and conditions for employees and the compliance with the good faith bargaining obligations.

The legal issues revolved around the interpretation and application of the statutory requirements for enterprise agreements. The Commission had to determine if the agreement contained all the necessary elements required by the Fair Work Act, such as whether it provided for the pay and conditions of employees, and whether it was made in good faith. Furthermore, the Commission considered whether the agreement complied with the standards set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the Act.

In its reasoning, the Commission found that the agreement did not meet the statutory requirements for approval. It was determined that the agreement failed to provide for the pay and conditions of employees, and therefore did not comply with the statutory requirements. Additionally, the Commission found that the agreement did not meet the good faith bargaining obligations. Consequently, the application for approval was dismissed. The Commission highlighted that the agreement needed to be amended to include all the necessary provisions and to ensure compliance with the Act before it could be approved.

The Fair Work Commission dismissed the application for approval of the enterprise agreement. The Commission ordered that the agreement be returned to the parties for amendment and re-submission, ensuring it included all necessary provisions and complied with the Fair Work Act. The decision underscored the importance of meeting the statutory requirements and the need for agreements to be made in good faith and to provide fair and reasonable terms and conditions for employees.

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