DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3338)

BARAVI ENTERPRISES PTY LTD T/AS METRO JOINERY 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 Baravi Enterprises Pty Ltd T/As Metro Joinery 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 Baravi Enterprises Pty Ltd T/As Metro Joinery 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 matter involved an application for approval of the Baravi Enterprises Pty Ltd T/As Metro Joinery and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was lodged with the Fair Work Commission (FWC) by the union, seeking to have the agreement approved as a registered agreement under the Fair Work Act 2009. The employer did not oppose the application, but raised concerns about the agreement's provisions on pay rates and conditions, contending that they were not in accordance with the Fair Work Act.

The central legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act for registration. Specifically, the FWC had to consider whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act, and whether it was free from prohibited content. Additionally, the FWC needed to determine if the agreement was made in good faith and whether it was genuinely an enterprise agreement. The FWC was also required to assess the procedural fairness of the process by which the agreement was made.

The FWC determined that the agreement complied with the statutory requirements for registration. The FWC found that the agreement contained the necessary minimum terms and conditions, and that it was free from prohibited content. The FWC also concluded that the agreement was made in good faith and was genuinely an enterprise agreement. The FWC further found that the process by which the agreement was made was procedurally fair. The FWC was satisfied that the agreement met all the necessary criteria for registration under the Fair Work Act.

Accordingly, the FWC approved the agreement as a registered agreement, effective from the date of the FWC's decision. The agreement now has the force of a registered agreement and will apply to the employees covered by the agreement. The employer and the union are now bound by the terms of the agreement, and any disputes arising under the agreement will be subject to the procedures set out in the agreement and the Fair Work Act.

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