DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5608)

GRAND SEAL PTY LTD T/AS GRAND SEAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Grand Seal Pty Ltd T/As Grand Seal 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 Grand Seal Pty Ltd T/As Grand Seal 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 20 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

The case before the Fair Work Commission involved an application for the approval of the Grand Seal Pty Ltd T/As Grand Seal and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made by the union and the employer, seeking the Fair Work Commission's endorsement of the agreement which outlines the terms and conditions of employment for employees in the relevant industry. The agreement had been negotiated between the parties and was intended to regulate the working relationship between the employer and its employees for the specified period.

The primary legal issue the Fair Work Commission had to address was whether the terms and conditions set out in the proposed enterprise agreement were fair and reasonable. The Commission was required to consider whether the agreement met the criteria outlined in section 233 of the Fair Work Act 2009, including whether it provided for terms and conditions that were no less favourable than the applicable award or safety net award. Additionally, the Commission had to determine if the agreement was negotiated in good faith and if it provided for a proper balance between the interests of the employer and employees.

In reaching its decision, the Fair Work Commission considered various factors, including the bargaining power of the parties, the nature of the industry, and the terms of the agreement itself. The Commission noted that the agreement had been negotiated between parties with differing interests and that the union had demonstrated its capacity to negotiate effectively on behalf of its members. The Commission also found that the terms of the agreement were fair and reasonable, providing for appropriate protections for employees while also allowing the employer flexibility in managing its business. After careful consideration, the Fair Work Commission approved the enterprise agreement, finding that it met the necessary criteria and provided a fair and reasonable outcome for both the employer and employees.

The Fair Work Commission's final order was to approve the Grand Seal Pty Ltd T/As Grand Seal and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees for the specified period. The approval of the agreement provided certainty and stability for both the employer and employees, ensuring that the terms and conditions of employment were fair and reasonable, and in compliance with the requirements of the Fair Work Act 2009.

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