DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6227)

ZHU SHEN PTY LTD T/AS AIKON INTERIOR AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the ZHU SHEN PTY LTD T/As AIKON INTERIOR and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the ZHU SHEN PTY LTD T/As AIKON INTERIOR and the CFMEU (Victorian Construction and General Division) Plastering 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 18 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Zhu Shen Pty Ltd T/As Aikon Interior and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement was being sought to be registered under the Fair Work Act 2009 to ensure its validity and enforceability. The key legal issues revolved around whether the agreement met the necessary criteria for approval as outlined in the legislation. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it contained provisions that complied with the provisions of the Fair Work Act.

The Commission began its analysis by confirming that the agreement was indeed an enterprise agreement, as it was made between an employer and employees within the same enterprise. It then considered whether the agreement was made in good faith, examining the negotiation process and whether the parties had engaged in genuine bargaining. The Commission found that the negotiation process was conducted in good faith, as evidenced by the parties' willingness to engage in discussions and the presence of a bargaining protocol. Furthermore, the Commission assessed the provisions of the agreement against the relevant legislative requirements, ensuring that they were not contrary to public policy or the spirit of the Act. After thorough examination, the Commission was satisfied that the agreement met all the necessary criteria and approved the registration of the agreement.

The Fair Work Commission approved the registration of the Zhu Shen Pty Ltd T/As Aikon Interior and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The decision was made on the basis that the agreement was a genuine enterprise agreement, made in good faith, and contained provisions that complied with the Fair Work Act. This approval ensures that the agreement will be enforceable and recognised as a valid industrial instrument between the employer and the union.

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