Construction Forestry Mining and Energy Union Summary

[2018] FWCA 7312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction Forestry Mining and Energy Union

(AG2018/6302)

FIX & FORM COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the FIX & FORM COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the FIX & FORM COMMERCIAL PTY LTD and 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.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction Forestry Mining and Energy Union (CFMEU), sought approval for an enterprise agreement between itself and Fix & Form Commercial Pty Ltd. The application was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement contained all the necessary provisions to be approved and whether it complied with relevant legislative requirements.

The primary legal issues were whether the agreement included all mandated terms and conditions, and whether it complied with the provisions of the Fair Work Act 2009. The court needed to determine if the agreement was fair and reasonable, and whether it met the criteria for approval as set out in the legislation.

The court found that the agreement contained all the necessary provisions and was in compliance with the Fair Work Act. It was deemed fair and reasonable, meeting all statutory requirements. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the Fix & Form Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and is now legally binding.

Construction Forestry Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established