DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4843)

ARDEN ARCHITECTURAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Arden Architectural 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 Arden Architectural 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 31 October 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 approval of the Arden Architectural Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. Arden Architectural Pty Ltd is an architectural design firm, while the CFMEU is a trade union representing workers in various industries. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the enterprise agreement had been genuinely negotiated between the employer and the union, and whether it complied with the provisions of the Fair Work Act. The court also needed to consider if the agreement was in the best interests of the employees and if it met the minimum standards prescribed by the Act. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for enterprise agreements.

The court examined the evidence presented by both parties and considered the provisions of the Fair Work Act. It found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. The court also determined that the agreement met all the statutory requirements for approval, including the minimum standards for pay and conditions. Consequently, the court approved the enterprise agreement, finding that it was in the best interests of the employees and complied with all legal requirements. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by this enterprise agreement rather than the applicable award or registered agreement.

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