DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3363)

COASTLINE CARPENTRY & BUILDING (VIC) 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 Coastline Carpentry & Building (Vic) 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 Coastline Carpentry & Building (Vic) 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 the 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union for approval of the Coastline Carpentry & Building (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The dispute centred on the terms of the proposed agreement, specifically whether they complied with the statutory requirements of the Fair Work Act 2009.

The legal issues that the Commission needed to address were whether the proposed enterprise agreement met the criteria for approval as set out in the Act, and if it provided for fair and reasonable terms and conditions for employees. Key points of contention included the classification of employees, the rates of pay, and the provisions concerning work hours and overtime. The Commission had to ensure that the agreement did not disadvantage employees and was made in good faith.

In delivering its decision, the Fair Work Commission examined the evidence and submissions from both parties. It found that the proposed agreement generally met the statutory requirements, providing for fair and reasonable terms and conditions. The Commission took into account the bargaining positions of the parties, the economic climate, and the nature of the industry. The Commission determined that the agreement did not unfairly disadvantage employees and was made in good faith.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions that addressed the concerns raised during the proceedings. These conditions included specific provisions to ensure compliance with the Fair Work Act and to protect employee rights. The final orders of the Commission required the parties to implement the approved agreement and to provide necessary documentation to the Commission for ongoing monitoring.

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