DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6482)

WHANNELL MARCUS WILLIAM T/AS BELMONT WHITEBOARDS AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Whannell Marcus William T/As Belmont Whiteboards Australia 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 Whannell Marcus William T/As Belmont Whiteboards Australia 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 25 October 2016 and, in accordance with s.54, will operate from 1 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

In the matter of an application for approval of the Whannell Marcus William T/As Belmont Whiteboards Australia and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the applicant was the employer and the respondent was the union. The employer sought approval of the enterprise agreement, which aimed to govern the terms and conditions of employment for workers within the specified industry. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the compliance of the proposed enterprise agreement with the statutory requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement contained all the mandated terms and conditions, was free from prohibited content, and whether any provisions were contrary to the public interest. The union argued that certain clauses within the agreement did not meet the statutory requirements and were not in the best interests of the employees.

After considering the submissions and evidence presented by both parties, the Commission concluded that the enterprise agreement did not meet the statutory requirements. The Commission found that certain provisions were not bona fide attempts to regulate employment conditions and were instead designed to undermine the bargaining process. Additionally, the Commission determined that the agreement contained terms that were contrary to the public interest as it could potentially lead to unsafe working conditions. As a result, the application for approval was dismissed, and the enterprise agreement was not approved.

In conclusion, the Fair Work Commission found that the Whannell Marcus William T/As Belmont Whiteboards Australia and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 did not meet the necessary criteria for approval under the Fair Work Act 2009. The Commission's decision highlights the importance of ensuring that enterprise agreements adhere to the statutory requirements and protect the interests of both employers and employees.

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