DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6689)

PACIFIC SHOPFITTERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Pacific Shopfitters 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 Pacific Shopfitters 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 16 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Pacific Shopfitters Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose over the terms and conditions of employment for shopfitters employed by Pacific Shopfitters Pty Ltd. The application was brought before the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval, particularly whether it provided for minimum terms and conditions, and whether it was free from any unlawful content. Key concerns included whether the agreement adequately covered all employees, if the provisions were clear and comprehensible, and if it contained any unlawful clauses that would render it invalid. The Commission also had to consider the fairness of the agreement in terms of its impact on the employees it covered.

In its decision, the Commission found that the agreement largely met the statutory requirements for approval. It confirmed that the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act, and that it did not contain any unlawful provisions. The Commission acknowledged that while some provisions could be more clearly articulated, the overall content of the agreement was acceptable. The Commission emphasised the importance of clear communication and transparency in enterprise agreements to ensure that employees fully understand their rights and obligations. The agreement was ultimately approved with minor modifications to address the clarity issues identified.

The Fair Work Commission approved the enterprise agreement with minor amendments to improve clarity in certain provisions. The decision highlighted the importance of ensuring that all terms and conditions in an enterprise agreement are clearly outlined and comprehensible to the employees it affects. The modifications made were intended to enhance the agreement’s effectiveness and fairness, ensuring it meets the statutory requirements under the Fair Work Act.

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