DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2141)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 JUNE 2017

Application for approval of the Austin Waterproofing 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 Austin Waterproofing 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 28 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Austin Waterproofing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms and conditions set forth in the proposed agreement, including wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to ascertain if the agreement provided for minimum rates of pay and conditions, if it included provisions for a dispute resolution process, and whether it was made in good faith and without coercion. Additionally, the Commission considered whether the agreement was likely to result in improved productivity and efficiency in the workplace.

The Commission found that the enterprise agreement complied with the statutory requirements for approval. The agreement provided for minimum rates of pay and conditions, and included a dispute resolution process. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it was likely to result in improved productivity and efficiency in the workplace. The Commission approved the enterprise agreement, noting that it balanced the interests of both the employer and employees, and provided for a fair and reasonable set of terms and conditions of employment.

The Fair Work Commission approved the Austin Waterproofing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the terms and conditions set out in the agreement. The Commission's decision was based on its finding that the agreement complied with the statutory requirements for approval, and was in the best interests of the employees. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees of Austin Waterproofing Pty Ltd are governed by a fair and reasonable set of provisions, providing certainty and stability in the workplace.

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