DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7231)

IMAGE PAVING (MORNINGTON) PTY LTD T/AS IMAGE PAVING (MORNINGTON) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Image Paving (Mornington) Pty Ltd T/As Image Paving (Mornington) and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Image Paving (Mornington) Pty Ltd T/As Image Paving (Mornington) and the CFMEU (Victorian Construction and General Division) Tilelayers 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 12 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Tilelayers Enterprise Agreement 2016-2018 between Image Paving (Mornington) Pty Ltd trading as Image Paving (Mornington) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was submitted to the Commission for endorsement, and the dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission needed to assess whether the agreement had been made in accordance with the Act, including whether the necessary genuine bargaining had occurred. Additionally, the Commission examined whether the agreement contained terms and conditions that were fair and reasonable, taking into account various factors such as the nature of the enterprise, the bargaining power of the parties, and the interests of employees.

The Commission found that the agreement had been made through genuine bargaining and that the necessary procedural requirements had been satisfied. It was determined that the agreement was fair and reasonable, with terms and conditions that balanced the interests of both employers and employees. The Commission took into account the specific context of the industry, the economic environment, and the bargaining positions of the parties. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

Consequently, the Fair Work Commission approved the Tilelayers Enterprise Agreement 2016-2018 between Image Paving (Mornington) and the CFMEU (Victorian Construction and General Division). The agreement was endorsed as meeting the requirements of the Fair Work Act, and it became a legally binding enterprise agreement 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