DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7082)

FRESHMORE (VIC) PTY LTD T/AS ADVANCED PRECAST (AUST) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the Freshmore (Vic) Pty Ltd T/As Advanced Precast (Aust) 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 Freshmore (Vic) Pty Ltd T/As Advanced Precast (Aust) 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 2 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Freshmore (Vic) Pty Ltd T/As Advanced Precast (Aust) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the provisions of the Act, particularly in relation to the bargaining process, the content of the agreement, and the protection of employee rights. The Commission needed to assess if the agreement was made in good faith, if it was the product of direct bargaining between the employer and the union, and if it provided for fair terms and conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and was the product of direct bargaining between the employer and the union. The Commission noted that the agreement contained provisions that were fair and reasonable, and that it provided for the protection of employee rights. The Commission also found that the agreement met the requirements of the Act in relation to the bargaining process and the content of the agreement. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission's decision provides guidance to employers and unions on the requirements for approving an enterprise agreement. The Commission's findings on the good faith bargaining process and the content of the agreement are particularly important for future negotiations. The decision also highlights the importance of protecting employee rights in enterprise agreements, and the need for agreements to provide for fair and reasonable terms and conditions of employment. The orders made by the Commission will ensure that the agreement is implemented and that the employees are protected under its terms.

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