DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6687)

FABFIX PTY LTD 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 Fabfix 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 Fabfix 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 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 court involved an application for approval of an enterprise agreement between Fabfix Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the statutory requirements and if it was made in good faith.

The legal issues that the court had to resolve included whether the agreement was genuinely negotiated between the parties and if it met the standards of the Act, including the provision of adequate benefits to the employees and ensuring no undue hardship on the employer. Furthermore, the court had to examine if the agreement contained all the prescribed minimum terms and conditions and if it was consistent with the Fair Work Act's purpose of providing a safety net of minimum entitlements.

The court found that the agreement was genuinely negotiated and met the requirements of the Act. The court examined the negotiation process, which involved multiple meetings between the parties, and concluded that the agreement reflected a genuine attempt to reach a compromise. The court also determined that the agreement provided adequate benefits to the employees and did not impose undue hardship on the employer. Furthermore, the court found that the agreement contained all the prescribed minimum terms and conditions and was consistent with the purpose of the Act. Therefore, the court approved the agreement.

The Fair Work Commission approved the enterprise agreement between Fabfix Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) 2016-2018. The agreement was found to be genuinely negotiated and to meet the statutory requirements. The court's approval ensures that the agreement provides adequate benefits to the employees and does not impose undue hardship on the employer. The agreement is now legally binding on both parties.

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