DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2446)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JUNE 2017

Application for approval of the Pro Facade 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 Pro Facade 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 7 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement with Pro Facade Pty Ltd. The agreement aimed to set out the terms and conditions of employment for certain employees of Pro Facade. The primary issue before the Commission was whether the agreement was made in the spirit of the Fair Work Act 2009 and whether it met the procedural requirements for approval.

The Commission considered whether the agreement had been made in good faith and without coercion. It also examined whether the agreement met the requirements for coverage, disclosure, and bargaining. The Union argued that the agreement was the result of genuine bargaining, while Pro Facade contended that the Union had acted in bad faith and that the agreement did not comply with the Act. The Commission found that the Union had acted in good faith and that the agreement had been made without coercion. The Commission also found that the agreement met the requirements for coverage, disclosure, and bargaining.

Accordingly, the Commission approved the Pro Facade Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and that it would promote industrial peace and harmony. The approval of the agreement ensures that the employees of Pro Facade will be covered by a modern award and will receive the benefits and protections provided by the agreement.

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