DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6481)

A LINE INSTALLATIONS PTY LTD 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 A LINE 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 A LINE 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 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

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of an enterprise agreement between the CFMEU and A Line Installations Pty Ltd, effective from 2016 to 2018. The application was heard in the Fair Work Commission, an independent statutory body with jurisdiction over employment matters in Australia. The dispute centred around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions, whether it facilitated efficient workplace relations, and if it adhered to the statutory provisions of the Fair Work Act. The court had to consider if the agreement contained any terms that were detrimental to the employees or the employer, and if it complied with the procedural requirements of the Act, such as ensuring that the agreement was not made under duress or coercion.

After examining the terms of the agreement, the court found that the enterprise agreement provided for fair and reasonable terms and conditions of employment, facilitating efficient workplace relations. The agreement did not contain any terms that were detrimental to either party and complied with the procedural requirements of the Fair Work Act. The court also noted that the agreement had been negotiated in good faith and that the employees had been adequately represented by the CFMEU during the negotiation process.

The court approved the enterprise agreement between A Line Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The decision was based on the finding that the agreement met the criteria for approval under the Fair Work Act and facilitated efficient workplace relations. The approval of the enterprise agreement was a significant step in ensuring fair and reasonable terms and conditions for the employees of A Line Installations Pty Ltd.

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