DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/648)

SHP WALLBOARDS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 MARCH 2017

Application for approval of the SHP Wallboards 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 SHP Wallboards 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 17 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

In this matter, the Construction, Forestry, Mining and Energy Union, represented by its officers, applied for the approval of the Enterprise Agreement between SHP Wallboards Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was brought before the Fair Work Commission, with the employer, SHP Wallboards Pty Ltd, not opposing the application. The union argued that the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been negotiated in good faith, if it contained the prescribed minimum terms and conditions, and if it was free from any prohibited content. Additionally, the Commission examined whether the agreement provided for a fair and efficient process for resolving disputes between the parties.

The Fair Work Commission found that the Enterprise Agreement satisfied all the statutory requirements for approval. The Commission concluded that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. Furthermore, the agreement was free from any prohibited content, and it provided for an effective and efficient process for resolving disputes between the employer and the union. Based on these findings, the Commission approved the Enterprise Agreement for the period 2016-2018. The Commission noted that the agreement was beneficial for both the employer and the employees, providing a fair and reasonable outcome for all parties involved.

The final orders of the Commission were that the Enterprise Agreement between SHP Wallboards Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 be approved, and that the agreement be registered with the Fair Work Commission. The approval of the agreement was effective from the date of the Commission's 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