DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6242)

CKD JOINERY INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the CKD Joinery Installations 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 CKD Joinery Installations 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 19 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the CKD Joinery Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. CKD Joinery Installations Pty Ltd opposed the application. The dispute was heard in the Fair Work Commission, with the Hon. Deputy President McCabe presiding. The central legal issue before the court was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the safety, health and welfare of employees, and if it met the "better off overall test" under section 231 of the Act.

The court considered the provisions of the agreement and the evidence presented by both parties. The court found that the agreement provided for the safety, health and welfare of employees, as it included provisions for personal protective equipment, training and supervision. The court also found that the agreement met the "better off overall test" as the employees would receive increased wages and improved conditions. The court was satisfied that the agreement was in the best interests of the employees and approved the application for the agreement to be registered. The Hon. Deputy President McCabe ordered that the CKD Joinery Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved and registered with the Fair Work Commission.

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