DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6508)

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

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

Application for approval of the Higgins Coatings 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 Higgins Coatings 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 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

The case involved Higgins Coatings Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of the Enterprise Agreement 2016-2018 between the two parties. The matter was heard by the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue the court had to address was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement had been made in accordance with the Act, if it had been made in good faith, and if it contained appropriate provisions for the protection of employees’ rights and entitlements. The court also had to consider if the agreement provided for fair and reasonable terms and conditions, and if it met the requirements for covering employees who were not party to the negotiations.

The court found that the Enterprise Agreement did meet the necessary criteria for approval. The agreement had been made in good faith and covered appropriate provisions for the protection of employees' rights and entitlements. The court was satisfied that the agreement provided for fair and reasonable terms and conditions and met the requirements for covering employees who were not party to the negotiations. The court highlighted the importance of the agreement’s provisions for addressing issues such as workplace flexibility, overtime, and penalty rates. The court concluded that the agreement was fair and reasonable and approved it.

The court ordered the approval of the Higgins Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement would now apply to all employees covered by it, providing them with the terms and conditions outlined in the agreement. The court's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement was fair and reasonable and met the necessary criteria for approval.

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