DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6300)

FITTING CONCEPTS UNIT TRUST (THE TRUSTEE FOR) T/AS FITTING CONCEPTS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Fitting Concepts Unit Trust (The Trustee For) T/As Fitting Concepts 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 Fitting Concepts Unit Trust (The Trustee For) T/As Fitting Concepts 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 20 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 involved an application for approval of the Fitting Concepts Unit Trust (trading as Fitting Concepts) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the proposed agreement met the necessary legal standards under the Fair Work Act 2009, including the provision of genuine agreement, the absence of prohibited content, and compliance with minimum entitlements. The Commission had to determine if the agreement was appropriately negotiated and contained permissible terms for employees working in the construction, forestry, mining, and energy sectors.

The primary legal issues the Commission addressed were whether the agreement was genuinely negotiated between the parties and if it contained any terms that were contrary to the Fair Work Act. The Commission had to verify that the agreement was not only a product of genuine bargaining but also that it included no terms that were prohibited under the Act, such as those that undermined employee rights or imposed undue burdens. Additionally, the Commission examined whether the agreement provided adequate protections and minimum entitlements as stipulated by law.

In reaching its decision, the Commission reviewed the negotiation process and contents of the agreement, ensuring it adhered to the legal framework established by the Fair Work Act. The Commission found that the agreement was genuinely negotiated and did not contain any prohibited terms. It confirmed that the agreement provided for appropriate minimum entitlements and was in compliance with all legislative requirements. Consequently, the Commission approved the enterprise agreement, acknowledging its alignment with the statutory standards and the interests of the employees it covered.

The Fair Work Commission approved the Fitting Concepts Unit Trust (trading as Fitting Concepts) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, affirming its compliance with the Fair Work Act.

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