DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6617)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the II Installations 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 II Installations 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 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

The applicants, II Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of their enterprise agreement from 2016 to 2018. The application was brought before the Fair Work Commission, which is the tribunal responsible for overseeing and approving such agreements under Australian labour law. The union and the company jointly submitted the agreement, which outlines the terms and conditions of employment for the workers represented by the union.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was "better off overall" for the employees, and whether it adhered to the principles of good faith bargaining. The Commission needed to assess the fairness of the terms and conditions proposed in the agreement, including wages, working hours, and other employment-related matters. The Commission also had to consider if the agreement was made in good faith, as mandated by the Act.

The Fair Work Commission, after reviewing the evidence and arguments presented by both parties, determined that the agreement was fair and met the statutory criteria. The Commission found that the agreement provided employees with benefits that were better than what they would have received without the agreement, thus fulfilling the "better off overall test". Furthermore, the Commission was satisfied that the agreement was the product of genuine and sincere negotiations between the parties, adhering to the principles of good faith bargaining. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the II Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and is now in effect. The terms and conditions outlined in the agreement will govern the employment relationship between the company and its employees represented by the union for the duration of the agreement.

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