DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1070)

CUSTOM FACADES & BUILDING PRODUCTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 APRIL 2017

Application for approval of the Custom Facades & Building Products 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 Custom Facades & Building Products 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 13 April 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 before the court was an application for approval of an enterprise agreement between Custom Facades & Building Products Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement complied with the requirements of the Act and if it was in the best interests of the employees covered by the agreement.

The court was required to determine whether the agreement had been made in accordance with the statutory bargaining provisions and whether it contained the necessary terms and conditions. The court also had to assess whether the agreement was fair and whether it was in the best interests of the employees. Key issues included whether the agreement adequately protected employees' rights and interests, and if it provided for adequate dispute resolution mechanisms.

The court found that the agreement was made in good faith and was in accordance with the statutory bargaining provisions. The court considered the various terms and conditions of the agreement, including pay rates, hours of work, and leave entitlements. The court concluded that the agreement was fair and in the best interests of the employees, taking into account the need for a balanced and reasonable outcome for both parties. The court approved the enterprise agreement, noting that it provided for appropriate dispute resolution mechanisms and protected the rights and interests of the employees.

The court's final order was the approval of the Custom Facades & Building Products Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, 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