DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7680)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Activo Maintenance Products 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 Activo Maintenance Products 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 27 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union and Activo Maintenance Products Pty Ltd. The dispute was an application for the approval of an enterprise agreement, the Enterprise Agreement 2016-2018. The case was heard by the Fair Work Commission. The central legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. This included examining if the agreement met the requirements for a valid enterprise agreement, including provisions related to minimum entitlements, the good faith bargaining, and whether it contained any unfair content.

The Fair Work Commission examined the provisions of the agreement and considered whether it provided for minimum entitlements, which are set out in the National Employment Standards and the relevant awards. The Commission also assessed if the agreement was the product of genuine attempts at conciliation and if it contained any terms that would be considered unfair. The Commission took into account the evidence provided by both parties, including any submissions regarding good faith bargaining and the fairness of the agreement's terms. Ultimately, the Commission determined that the agreement was compliant with the requirements of the Act and did not contain any unfair content.

The Fair Work Commission approved the enterprise agreement. The decision was based on the conclusion that the agreement met all the legal criteria for approval, including providing for the minimum entitlements and being the result of genuine attempts at conciliation. The Commission found no grounds to reject the agreement on the basis of unfair content or non-compliance with the Act. The approval of the agreement means that it will now be legally binding on the parties involved.

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