DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6436)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2016

Application for approval of the SS Balustrading 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 SS Balustrading 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 the 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 31 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between SS Balustrading Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements and employment conditions.

The primary legal issues the Commission was required to determine were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement met the statutory minimum entitlements, whether it provided for a proper process for resolving workplace disputes, and whether the agreement had been genuinely negotiated. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate protections and benefits.

In its decision, the Commission found that the agreement did not adequately address several key issues, including the provision of minimum wage rates and the process for resolving workplace disputes. The Commission determined that the agreement fell short of providing for fair and reasonable terms and conditions as required by the Act. Additionally, the Commission was concerned that the agreement did not sufficiently protect the interests of employees in certain areas, such as the provision of leave entitlements and the resolution of disputes. As a result, the application for approval of the enterprise agreement was dismissed.

The Commission emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions, and that they genuinely address the needs and interests of employees. The decision highlights the need for careful consideration and negotiation of enterprise agreements to ensure they meet the statutory requirements and provide appropriate protections and benefits for 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