DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6605)

CONSTRUCTION ZONE TRUST T/AS CONSTRUCTION ZONE COMMERCIAL INTERIORS PTY LTD AND THE CFMEU(VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2016

Application for approval of the Construction Zone Trust T/As Construction Zone Commercial Interiors 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 Construction Zone Trust T/As Construction Zone Commercial Interiors 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 28 October 2016 and, in accordance with s.54, will operate from 4 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 case involved an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union and the Construction Zone Trust T/As Construction Zone Commercial Interiors Pty Ltd. The application was brought before the Fair Work Commission, the body responsible for regulating industrial relations in Australia. The matter centred on whether the proposed agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to public policy, as defined under the Fair Work Act 2009. The Commission needed to determine if the agreement's provisions, including those related to the construction industry's multi-employer bargaining framework, were consistent with the objectives of the Act and public policy considerations. Additionally, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions relating to wages, hours of work, and other employment conditions.

The Commission found that the agreement's provisions were consistent with the objectives of the Fair Work Act and did not contravene public policy. The Commission considered that the agreement's multi-employer bargaining framework was an appropriate mechanism for addressing industry-wide issues and promoting consistency in the construction industry. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both employers and employees. Accordingly, the Commission approved the application and registered the enterprise agreement. The decision highlights the importance of ensuring that enterprise agreements are consistent with the objectives of the Fair Work Act and public policy considerations, while also providing for fair and reasonable terms and conditions of employment.

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