DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6951)

BEST BALUSTRADES PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Best Balustrades Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Best Balustrades Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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

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CaseChat Overview and Summary

The matter between the Construction, Forestry, Mining and Energy Union (CFMEU) and Best Balustrades Projects Pty Ltd was brought before the Fair Work Commission. The CFMEU sought approval for the Rigger/Steel Erector Enterprise Agreement 2016-2018, which they had negotiated with Best Balustrades Projects. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The key issue was whether the agreement appropriately balanced the interests of both employers and employees and complied with the relevant legislative requirements.

The court had to determine if the agreement provided fair and reasonable terms for employees and employers, considering factors such as minimum wages, working conditions, and dispute resolution mechanisms. Additionally, the court examined whether the agreement was made in good faith and whether it adhered to the provisions of the Fair Work Act. The CFMEU argued that the agreement was fair and balanced, while Best Balustrades Projects Pty Ltd contended that certain clauses did not adequately reflect the business's operational realities.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The court held that the agreement provided for fair and reasonable terms, taking into account the needs of both parties. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and a process for resolving disputes. Furthermore, the court found that the agreement was made in good faith and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018.

The final orders included the approval of the enterprise agreement, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to comply with its terms. This decision provided clarity for both the CFMEU and Best Balustrades Projects Pty Ltd, ensuring that the terms of employment were legally recognised and enforceable.

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