DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3496)

GARRISON LOCKSMITHS PTY LTD 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 Garrison Locksmiths 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 Garrison Locksmiths 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 1 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Enterprise Agreement between Garrison Locksmiths Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The primary concern of the application was whether the agreement met the statutory criteria for approval, including that it facilitated the modernisation of industrial relations by avoiding unnecessary complexity and provided for pay progression, among other requirements. The Commission was required to determine whether the agreement was in the interests of employees and the employer, and whether it was free from any impermissible provisions.

The central legal issue before the Commission was whether the Enterprise Agreement adhered to the Fair Work Act 2009, specifically sections that outline the conditions for the approval of enterprise agreements. The Commission had to consider if the agreement contained permissible content, if it was made in good faith, and if it was consistent with the principles of the Fair Work Act, including the protection of employee entitlements and the promotion of harmonious, productive and cooperative workplace relations.

In its decision, the Commission found that the Enterprise Agreement did meet the statutory criteria for approval. It was determined that the agreement contained permissible content, was made in good faith and was consistent with the principles of the Fair Work Act. The Commission acknowledged the agreement's provisions for pay progression and its alignment with the objectives of the Act, such as avoiding unnecessary complexity and facilitating the modernisation of industrial relations. The agreement was found to be in the interests of the employees and the employer, and no impermissible provisions were identified.

The Fair Work Commission approved the Enterprise Agreement between Garrison Locksmiths Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018, affirming that it met the requirements of the Fair Work Act. The approval was based on the agreement's compliance with the statutory criteria, its alignment with the principles of the Act, and its promotion of harmonious, productive and cooperative workplace relations.

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