DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6235)

INSIGHT FIXING 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 Insight Fixing 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 Insight Fixing 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Insight Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. Insight Fixing Pty Ltd contested the application, arguing that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The dispute centred on the validity and enforceability of certain provisions within the enterprise agreement, particularly those relating to minimum wages, working conditions, and dispute resolution mechanisms.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated, whether it contained mandatory terms that were not in the best interests of the employees, and whether it complied with the provisions of the Fair Work Act. The Commission examined the negotiation process, the content of the agreement, and whether it provided for a fair and reasonable outcome for the employees. Insight Fixing Pty Ltd argued that certain provisions of the agreement were overly prescriptive and not reflective of genuine negotiations, while the Union contended that the agreement was the product of proper bargaining and beneficial for the employees.

After careful consideration, the Commission found that the agreement was genuinely negotiated and contained provisions that were in the best interests of the employees. The Commission held that the negotiation process was valid and that the agreement met the requirements of the Fair Work Act. The Commission further found that the provisions in question were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Insight Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, dismissing Insight Fixing Pty Ltd's objections. The Commission's decision affirmed the validity and enforceability of the agreement, ensuring that it would govern the employment conditions of the employees as intended.

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