DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6420)

CLIFTON FORMWORK (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Clifton Formwork (Vic) 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 Clifton Formwork (Vic) 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 27 October 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 before the Fair Work Commission was an application for approval of an enterprise agreement between Clifton Formwork (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, spanning the years 2016 to 2018, sought to formalise various terms and conditions of employment for employees within the company. The Fair Work Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The legal issues at hand revolved around whether the agreement satisfied the procedural and substantive requirements for approval as stipulated by the Act. Key concerns included whether the agreement had been made in good faith, whether it provided for the direct determination of employees' terms and conditions of employment, and whether it met the provisions regarding minimum rates of pay and other entitlements.

The Fair Work Commission, after considering submissions from both parties, found that the agreement was made in good faith and met the necessary procedural requirements. The agreement provided for the direct determination of employees' terms and conditions, including minimum rates of pay, leave entitlements, and other benefits. The Commission also assessed the fairness of the terms, taking into account the bargaining positions of the parties and the overall balance of the agreement. It was determined that the agreement did not disadvantage employees and was fair and reasonable in all its terms. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the relevant legal standards.

The Fair Work Commission's decision was that the Clifton Formwork (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 met all the necessary criteria for approval under the Fair Work Act 2009. The agreement was thus registered, formalising the terms and conditions of employment for the specified period. This approval ensures that the agreement will be legally binding and enforceable, providing a clear framework for the relationship between the employer and employees within the company.

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