DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6948)

CITYWIDE PRESTIGE SERVICES TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Citywide Prestige Services Trust 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 Citywide Prestige Services Trust 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 24 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

In this matter, the applicant, the Construction, Forestry, Mining and Energy Union, sought approval of an enterprise agreement between the Citywide Prestige Services Trust and the CFMEU (Victorian Construction and General Division) for the period of 2016 to 2018. The application was lodged in the Fair Work Commission. The dispute centred on whether the proposed agreement met the legal criteria for approval, including whether it provided for a fair and reasonable method of determining employees' remuneration and conditions of employment.

The central legal issue was whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for a fair and reasonable method of determining employees' remuneration and conditions of employment, and whether it adhered to the provisions of the Act concerning procedural fairness and employee representation. Additionally, the court needed to examine whether the agreement satisfied the criteria for registration, including its alignment with the safety net, and whether it included provisions for employee protection and dispute resolution.

The Fair Work Commission assessed the agreement against the statutory requirements. It found that the agreement did provide for a fair and reasonable method of determining employees' remuneration and conditions of employment. The agreement was deemed to be procedurally fair, and it met the necessary criteria for registration under the Act. The Commission also noted that the agreement included provisions for dispute resolution and employee protection, which were in line with the statutory framework. Consequently, the Commission approved the agreement, finding it to be compliant with the necessary legal standards.

In conclusion, the Fair Work Commission approved the Citywide Prestige Services Trust and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act 2009. The agreement was found to provide for a fair and reasonable method of determining employees' remuneration and conditions of employment, and it met all the necessary criteria for registration.

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