DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1716)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2017

Application for approval of the BT WINDOWS 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 BT WINDOWS 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 5 June 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, as the representative of employees, lodged an application for the approval of the BT WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. BT Windows Pty Ltd, the employer, contested the application, raising objections on several grounds, including that the agreement did not meet the statutory requirements under the Fair Work Act 2009. The dispute centred on the specific provisions of the agreement, particularly those concerning wages, hours of work, and other conditions of employment.

The central legal issue the court had to resolve was whether the enterprise agreement satisfied the formal requirements set out in the Fair Work Act. This involved assessing whether the agreement contained all the mandatory terms prescribed by the Act, and whether it had been fairly negotiated and certified by the Commission. The court also had to consider the objections raised by BT Windows Pty Ltd, including whether certain provisions of the agreement were unfair or did not meet the good faith bargaining obligations under the Act.

In delivering its decision, the Fair Work Commission carefully examined the agreement against the statutory criteria. The Commission determined that the agreement included all the mandatory terms required by the Fair Work Act and was therefore in compliance with the legislative framework. The Commission found that the agreement had been fairly negotiated and certified as per the Act’s requirements. Despite BT Windows Pty Ltd's objections, the Commission concluded that the provisions of the agreement were not unfair and that the negotiation process was conducted in good faith.

The Fair Work Commission approved the enterprise agreement, dismissing BT Windows Pty Ltd's objections. The Commission's decision was based on the findings that the agreement met all statutory requirements and was a product of good faith bargaining. The Commission's approval of the agreement ensures that it will become legally binding between the parties, governing the terms and conditions of employment for the specified period.

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