DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6683)

TASESKI, ALEXANDER T/AS AMT CARPENTRY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Taseski, Alexander T/As AMT Carpentry 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 Taseski, Alexander T/As AMT Carpentry 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 9 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 approval of an enterprise agreement between Taseski, trading as AMT Carpentry, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was the Taseski, Alexander T/As AMT Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on the compliance of this agreement with the requirements of the Fair Work Act 2009, specifically in relation to the scope of the agreement, the bargaining process, and whether it met the provisions for a fair and confidential process.

The primary legal issues addressed by the Commission included whether the enterprise agreement was genuinely negotiated and whether it complied with the procedural requirements set forth in the Fair Work Act. The Commission also had to determine if the agreement provided for a fair and confidential process as mandated by the Act. Furthermore, the Commission examined whether the agreement was in the best interests of the employees it covered and if it contained terms and conditions that were fair and beneficial to both the employer and the employees.

In its decision, the Commission found that the enterprise agreement was genuinely negotiated between the parties and that the process followed was fair and confidential. The Commission determined that the agreement met all the statutory requirements for approval under the Fair Work Act. It concluded that the agreement was in the best interests of the employees and contained terms and conditions that were fair and beneficial. Based on these findings, the Commission approved the enterprise agreement.

The Commission made an order approving the Taseski, Alexander T/As AMT Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 April 2016 for a period of two years. This approval was subject to the conditions and provisions outlined in the agreement itself, which the Commission found to be compliant with 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