DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/460)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Aluseal 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 Aluseal 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 1 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 before the court was an application for the approval of the Enterprise Agreement between Aluseal Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The application was brought before the Fair Work Commission, the relevant federal body for such matters. The dispute centred on whether the agreement met the necessary legal standards for approval, specifically whether it provided for fair and reasonable terms and conditions of employment.

The court was required to determine if the Enterprise Agreement adhered to the criteria set forth in the Fair Work Act 2009. Key issues included whether the agreement ensured minimum rates of pay and conditions, provided for genuine bargaining, and avoided undermining the operation of the safety net of minimum wages and conditions. The court also needed to consider if the agreement was free from any improper interference, such as coercion or pressure.

In reaching its decision, the Fair Work Commission examined the contents of the Enterprise Agreement, the bargaining process, and the nature of the terms agreed upon. The Commission found that the agreement met all necessary legal standards. It provided for fair and reasonable terms and conditions of employment, ensured minimum rates of pay and conditions were not undermined, and was free from any improper interference. The agreement was deemed to have been genuinely bargained and thus approved.

The Fair Work Commission approved the Enterprise Agreement, and it was registered accordingly. This decision confirmed the agreement as a valid and enforceable contract between Aluseal Pty Ltd and the Construction, Forestry, Mining and Energy Union.

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