DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/923)

SEVCO COMMERCIAL PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 APRIL 2017

Application for approval of the Sevco Commercial Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sevco Commercial Pty Ltd and CFMEU Enterprise Agreement 2016 (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 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Sevco Commercial Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute centred around the terms and conditions of employment within the enterprise agreement, specifically whether the agreement met the legal standards required for approval under Australian labour law. The Fair Work Commission was tasked with determining the validity of the enterprise agreement.

The legal issues before the court encompassed several critical aspects of the enterprise agreement. These included whether the agreement provided for a safety net of minimum wages and conditions, allowed for the flexibility of employment terms, and was made in good faith. Additionally, the court examined whether the agreement provided for appropriate mechanisms for resolving disputes and whether the agreement adhered to the provisions of the Fair Work Act.

In delivering its decision, the Fair Work Commission considered the provisions of the Fair Work Act and relevant precedents. It determined that the Sevco Commercial Pty Ltd and CFMEU Enterprise Agreement 2016 met the necessary legal standards for approval. The agreement was found to provide for a safety net of minimum wages and conditions, as well as mechanisms for resolving disputes. The Commission concluded that the agreement was made in good faith and did not contravene any provisions of the Fair Work Act. Consequently, the application for approval was granted.

As a result of the court’s decision, the Sevco Commercial Pty Ltd and CFMEU Enterprise Agreement 2016 was approved and is now legally binding between the employer and the employees covered by the agreement. The terms and conditions outlined in the agreement will govern the employment relationship between the parties, subject to the provisions of the Fair Work Act and any other relevant legislation.

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