DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1078)

SUBSTRAITE WATERPROOFING 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 Substraite 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 Substraite 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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of its members, applied for approval of the Substraite Waterproofing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was contested by Substraite Waterproofing Pty Ltd, which raised concerns about several provisions, including those relating to penalty rates, shift penalties, and the definition of a "workday."

The central issue before the Commission was whether the contested provisions of the Enterprise Agreement were consistent with the Fair Work Act 2009 and its objectives. Specifically, the Commission had to determine if the agreement provided for the fair and equitable treatment of employees and if it adhered to the principles of industrial conciliation and arbitration as outlined in the Act.

The Commission considered the arguments presented by both parties and examined the relevant legislative provisions and precedents. In its decision, the Commission found that the contested provisions of the Enterprise Agreement did not contravene the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, taking into account the specific circumstances of the parties involved. The Commission also found that the agreement was consistent with the principles of industrial conciliation and arbitration, as it provided for the fair and equitable treatment of employees and addressed the needs of both parties. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Substraite Waterproofing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it complied with the requirements of the Fair Work Act. The decision highlights the importance of considering the specific circumstances of each case when assessing the validity of an Enterprise Agreement and the need for fair and equitable treatment of employees.

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