DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6992)

FILM INSTALLATIONS CONTRACTING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Film Installations Contracting Services 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 Film Installations Contracting Services 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 29 November 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 involved an application for the approval of an enterprise agreement between Film Installations Contracting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was brought before the Fair Work Commission to determine whether the agreement should be formally approved and registered. This decision is crucial as it affects the terms and conditions of employment for the workers under this enterprise agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it provided for the proper resolution of any genuine workplace issues. Additionally, the Commission considered whether the agreement adequately protected the rights and interests of employees, particularly in relation to pay rates, conditions, and dispute resolution processes.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the enterprise agreement. The Commission found that the agreement was made in good faith and contained mechanisms for the resolution of genuine workplace issues. It also determined that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were not disadvantaged. The Commission was satisfied that the agreement met all statutory requirements and approved the enterprise agreement for registration.

The final order of the Fair Work Commission was to approve and register the Film Installations Contracting Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. This decision ensures that the terms and conditions set out in the agreement are legally binding on both parties, providing a framework for fair and effective industrial relations within 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