DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7079)

P & M FACADE SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the P & M Facade Systems 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 P & M Facade Systems 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 2 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 matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between P & M Facade Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The application was brought forward to ensure the agreement met the legal requirements under the Fair Work Act 2009, particularly regarding the provisions that must be covered by such agreements and the procedural fairness in their development. The Commission was tasked with determining whether the agreement was made in accordance with the relevant legislative provisions and if it contained the necessary minimum terms and conditions as stipulated by the Act.

The central legal issues before the Commission included whether the agreement was genuinely negotiated between the parties and whether it contained all the mandatory terms and conditions as required by the Fair Work Act. Additionally, the Commission examined whether there had been compliance with procedural fairness principles during the negotiation process. The Commission also considered the fairness of the agreement's terms in the context of the employees' entitlements and protections under the Act.

In its decision, the Commission found that the agreement had been genuinely negotiated and contained all the mandatory terms and conditions. The Commission concluded that there was no procedural unfairness during the negotiation process and that the agreement was fair and reasonable in its terms. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the relevant legislative requirements. The approval allowed the agreement to come into effect, providing a legally binding framework for the employment relationship between P & M Facade Systems Pty Ltd and its employees represented by the CFMEU.

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