DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6415)

UFS UNIT TRUST (THE TRUSTEE FOR) T/AS ULTRAFUSE FLOORING SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the UFS UNIT TRUST (THE TRUSTEE FOR) T/As ULTRAFUSE FLOORING SOLUTIONS 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 UFS UNIT TRUST (THE TRUSTEE FOR) T/As ULTRAFUSE FLOORING SOLUTIONS 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 26 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 involves an application for the approval of the Ultrafuse Flooring Solutions Enterprise Agreement 2016-2018, between the trustee for the ULTRAFUSE FLOORING SOLUTIONS UNIT TRUST and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission, which is Australia's independent national workplace relations tribunal with responsibilities for maintaining and promoting the national industrial relations system.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it complied with the provisions concerning genuine bargaining, as well as the procedural requirements. This included whether the agreement had been fairly negotiated and whether it met the standards for a bona fide enterprise agreement.

The Commission examined the evidence presented regarding the negotiation process and found that there had been genuine bargaining. It concluded that the agreement had been negotiated in good faith and met the criteria for approval. The Commission took into account the complexity of the negotiations, the level of engagement between the parties, and the overall fairness of the agreement. The evidence demonstrated that the union had acted within its powers and that the agreement was representative of the employees' interests.

The Fair Work Commission approved the Ultrafuse Flooring Solutions Enterprise Agreement 2016-2018, determining that it complied with the legislative requirements. The Commission found that the agreement had been genuinely negotiated and was fair and reasonable. The decision confirmed the validity of the agreement, allowing it to be registered and enforced.

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