DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/118)

BONNER GROUP PTY LTD T/AS TACTILE INNOVATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2017

Application for approval of the Bonner Group Pty Ltd T/As Tactile Innovations 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 Bonner Group Pty Ltd T/As Tactile Innovations 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 the 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 February 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 before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between the Bonner Group Pty Ltd trading as Tactile Innovations and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The union sought approval for the agreement, which outlined terms and conditions for employees working under the agreement. The dispute centred around whether the agreement met the legal requirements for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it covered a specified group of employees, and whether it contained the mandatory terms prescribed by the Act. Additionally, the Commission had to determine if the agreement was fair and whether it provided for the proper operation of the enterprise.

In making its decision, the Commission carefully examined the provisions of the agreement and considered submissions from both parties. The Commission noted that the agreement contained all the mandatory terms required by the Fair Work Act, and that it was made in good faith. The Commission also found that the agreement was fair and met the requirements for proper operation of the enterprise. Consequently, the Commission approved the Enterprise Agreement, finding that it complied with the necessary legal standards.

As a result of the Commission's approval, the Enterprise Agreement between the Bonner Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018 was registered under the Fair Work Act 2009. This registration meant that the terms and conditions outlined in the agreement were legally enforceable, and provided a framework for the employment relationship between the parties for the specified period.

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