DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2889)

AUSSIE HEIGHT SAFETY SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 JULY 2017

Application for approval of the AUSSIE HEIGHT SAFETY SOLUTIONS 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 AUSSIE HEIGHT SAFETY SOLUTIONS 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 3 August 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 Australian Industrial Relations Commission was asked to approve an enterprise agreement between Aussie Height Safety Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The enterprise agreement in question was for the period 2016 to 2018 and included terms and conditions of employment for employees of the company. The union and the employer were in dispute over certain aspects of the agreement, specifically those relating to pay rates and conditions.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees. The Commission needed to determine if the agreement met the criteria set out in the Fair Work Act 2009, particularly sections 232 and 233. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from coercion, duress and discrimination.

The Commission carefully considered the evidence and submissions from both parties. It examined the agreement's provisions, including those on pay rates, hours of work, and other employment conditions. The Commission found that the agreement was fair and reasonable and met all the legislative requirements. It also found that the agreement was not entered into under any form of coercion, duress or discrimination. Consequently, the Commission approved the enterprise agreement.

The final order of the Commission was that the Aussie Height Safety Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty to both the employer and employees, ensuring that the terms and conditions of employment were legally binding and enforceable.

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