DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7631)

CPC PANELS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the CPC Panels Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the CPC Panels Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, CPC Panels Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission (FWC). The primary legal issue the FWC had to determine was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement was fairly negotiated, if it contained the necessary minimum terms and conditions, and if it adhered to the provisions of the Act.

The FWC carefully examined the negotiation process and found that it was conducted in good faith and without coercion, ensuring that the agreement was fairly negotiated. The FWC also reviewed the contents of the agreement to ensure it included all mandated minimum terms and conditions. The FWC confirmed that the agreement did not disadvantage employees in comparison to the applicable award and met all statutory requirements. Additionally, the FWC assessed the agreement against the criteria for approval, concluding that it complied with the Fair Work Act and was suitable for registration.

Based on the thorough examination, the FWC approved the agreement. The FWC determined that the agreement was fairly negotiated, contained the required minimum terms and conditions, and met all statutory requirements for approval. The agreement was thus registered under the Fair Work Act, becoming a legally binding enterprise agreement between CPC Panels Pty Ltd and the 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