DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1091)

BASE COMMERCIAL INTERIORS 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 Base Commercial Interiors 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 Base Commercial Interiors 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 case involves an application for approval of an enterprise agreement between Base Commercial Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute revolves around whether the agreement meets the requirements of the legislation and whether it should be approved for registration.

The legal issues before the court centred on the interpretation of the Fair Work Act and whether the agreement complied with the relevant provisions. Specifically, the court needed to determine if the agreement adequately covered the employees, if it contained the necessary minimum terms and conditions, and if it complied with the good faith bargaining requirements. Additionally, the court considered whether the agreement provided for appropriate dispute resolution mechanisms.

In reaching its decision, the court carefully examined the terms of the agreement and the evidence provided by both parties. The court found that the agreement met all the statutory requirements and was consistent with the principles of the Fair Work Act. It included the necessary minimum terms and conditions, addressed the relevant bargaining issues in good faith, and provided for appropriate dispute resolution mechanisms. Consequently, the court approved the agreement for registration, emphasising the importance of such agreements in ensuring fair and equitable terms for employees.

The final orders of the court were to approve and register the Base Commercial Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The agreement was to be registered on the Register of Approved Agreements, 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