DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/718)

ESI LIFESTYLE PTY LTD T/AS ESI LIFESTYLE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the ESI Lifestyle Pty Ltd T/As ESI Lifestyle 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 ESI Lifestyle Pty Ltd T/As ESI Lifestyle 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 23 March 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 involved an application for the approval of the ESI Lifestyle Pty Ltd T/As ESI Lifestyle and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 before the Fair Work Commission. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the commission's approval of the agreement, which outlined the terms and conditions of employment for workers in the specified industry and division. The dispute centred on whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The legal issues that the commission was required to decide included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including whether it had been made free from any improper influence or interference. The commission also needed to determine if the agreement was likely to assist in achieving a productive workplace relationship between the employer and the employees. Additionally, the commission had to assess whether the agreement provided fair and reasonable terms and conditions of employment, including adequate protection for employees' rights and entitlements.

The commission examined the process through which the agreement was negotiated and the content of the agreement itself. It found that the agreement had been made in good faith and without any improper influence or interference. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The commission concluded that the agreement was likely to assist in achieving a productive workplace relationship and was in the best interests of the employees. Consequently, the commission approved the agreement under section 235 of the Fair Work Act.

The Fair Work Commission approved the ESI Lifestyle Pty Ltd T/As ESI Lifestyle and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be compliant with the statutory requirements and in the best interests of the employees. The commission's decision was based on the agreement's provisions for fair and reasonable terms and conditions of employment and its potential to foster a productive workplace relationship.

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