DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6319)

CJ SMART UNIT TRUST (THE TRUSTEE FOR) T/AS GRIDLINE INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the CJ SMART UNIT TRUST (THE TRUSTEE FOR) T/As GRIDLINE INTERIORS 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 CJ SMART UNIT TRUST (THE TRUSTEE FOR) T/As GRIDLINE INTERIORS 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 21 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 involved the application for approval of the CJ Smart Unit Trust, trading as Gridline Interiors Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission, an Australian federal statutory tribunal, to secure the agreement's formal approval under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the legal standards for approval, including provisions related to the classification of employees and the resolution of workplace disputes.

The central legal issues before the Commission were whether the agreement adequately addressed the classification of employees and contained appropriate dispute resolution mechanisms. The Commission had to determine if the agreement was in compliance with the statutory requirements outlined in the Fair Work Act 2009, particularly concerning the terms and conditions of employment, and whether it provided for an effective process to resolve any disputes that might arise under the agreement.

In reaching its decision, the Commission examined the classification of employees within the agreement and evaluated the dispute resolution mechanisms provided. It considered whether the classifications were reasonable and fair, and if the dispute resolution processes were adequate to ensure that employees' rights and obligations were properly managed. The Commission concluded that the agreement met the necessary legal standards for approval. It found the classifications to be fair and the dispute resolution processes to be effective, thereby satisfying the requirements under the Fair Work Act.

The Fair Work Commission approved the application for the agreement's formal registration. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved, providing a framework for employment relations within the specified period. The decision underscores the importance of ensuring that enterprise agreements comply with statutory requirements to protect the interests of both employers and 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