DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2540)

ACCU FLOOR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2017

Application for approval of the ACCU Floor 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 ACCU Floor 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 18 July 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and ACCU Floor Pty Ltd, which was an application for the approval of their Enterprise Agreement for the period 2016-2018. The application was brought before the Fair Work Commission (FWC). The central dispute was whether the agreement met the necessary criteria for approval, including whether it adhered to the Fair Work Act 2009 provisions, particularly regarding the protection of employees' rights and the promotion of workplace harmony.

The court was required to determine if the Enterprise Agreement provided adequate protections for employee rights, including minimum wages and conditions, and whether it facilitated a harmonious workplace. Additionally, the court needed to assess if the agreement met the criteria set out in the Fair Work Act, such as whether it was made in good faith and without coercion. It was also necessary to verify if the agreement included provisions for employee representation and dispute resolution mechanisms.

The Fair Work Commission concluded that the Enterprise Agreement satisfied the necessary criteria for approval. The court found that the agreement provided comprehensive protections for employees' rights, including minimum wages and conditions, and contained provisions that promoted a harmonious workplace. The court determined that the agreement was made in good faith and without coercion, and it included provisions for employee representation and dispute resolution mechanisms. Consequently, the FWC approved the Enterprise Agreement.

The final order was that the Enterprise Agreement between ACCU Floor Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 was approved, effective from the date of the decision.

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