DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3407)

FIRE SEALED PTY LTD (ATF) PASSIVE FIRE UNIT TRUST T/AS TRUE SEAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2017

Application for approval of the Fire Sealed Pty Ltd (ATF) Passive Fire Unit Trust T/As True Seal 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 Fire Sealed Pty Ltd (ATF) Passive Fire Unit Trust T/As True Seal 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 1 September 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 applicant, the Construction, Forestry, Mining and Energy Union, sought approval for the Fire Sealed Pty Ltd (ATF) Passive Fire Unit Trust T/As True Seal and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the need to resolve issues related to the certification and approval of the enterprise agreement in accordance with the Fair Work Act 2009. The court had to determine whether the agreement met the necessary criteria for approval, including its compliance with the Act and its fairness to the employees it covered.

The primary legal issue was whether the enterprise agreement was procedurally and substantively valid. This involved assessing the process by which the agreement was negotiated and whether it was fair and reasonable in its terms. The court needed to consider whether the agreement complied with the requirements of the Fair Work Act, including provisions for genuine bargaining, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the court examined whether the agreement contained terms that were fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission, after thorough examination, found that the enterprise agreement was procedurally valid, as it was the result of genuine and effective bargaining. The agreement was deemed to be fair and reasonable in its terms, providing adequate protections and benefits to the employees. The Commission approved the agreement, noting that it met all the necessary criteria under the Fair Work Act. The court supported the Commission's decision, confirming that the agreement was properly certified and approved. This decision ensured that the enterprise agreement would be legally binding and enforceable between the parties.

The final orders confirmed the approval of the enterprise agreement, setting out the terms and conditions of employment for the employees covered by the agreement. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be implemented in accordance with the law. The approval of the agreement was a significant outcome, as it reflected the outcome of fair and effective bargaining processes, and it provided a framework for resolving future disputes in the 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