DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3322)

ROBERT MICHAEL SERRA T/AS GEELONG GARAGE DOORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2017

Application for approval of the Robert Michael Serra T/As Geelong Garage Doors 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 Robert Michael Serra T/As Geelong Garage Doors 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 23 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and Geelong Garage Doors, the Fair Work Commission (FWC) was asked to consider the approval of an enterprise agreement. The CFMEU sought approval for the Geelong Garage Doors Enterprise Agreement 2016-2018, which sought to establish the terms and conditions of employment for employees in the Geelong Garage Doors business. Geelong Garage Doors, represented by its director, opposed the application, arguing that the agreement did not meet the criteria for approval under the Fair Work Act 2009.

The central issue before the FWC was whether the Geelong Garage Doors Enterprise Agreement 2016-2018 complied with the statutory requirements of the Fair Work Act 2009. Specifically, Geelong Garage Doors contested the agreement on several grounds, including that it failed to provide for the proper classification of employees, did not adequately address procedural fairness, and did not sufficiently protect employees' rights. The CFMEU, on the other hand, argued that the agreement was fair and met all legislative criteria.

The FWC examined the provisions of the agreement and the arguments presented by both parties. It found that while there were certain procedural issues that needed to be addressed, these did not fundamentally undermine the fairness of the agreement. The FWC noted that the agreement provided for reasonable classification of employees and adequate procedural fairness mechanisms, and that the overall terms and conditions were fair and reasonable. The FWC approved the Geelong Garage Doors Enterprise Agreement 2016-2018, subject to specific conditions to address the identified procedural issues.

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