DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/6232)

SGH BUILDING & CARPENTRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the SGH BUILDING & CARPENTRY 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 SGH BUILDING & CARPENTRY 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 18 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve an enterprise agreement between the SGH Building & Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application for approval was made by the CFMEU, and the application was contested by SGH Building & Carpentry Pty Ltd, who argued that certain provisions of the agreement were not compliant with relevant industrial laws and standards.

The central legal issues before the Commission involved the assessment of whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included examining whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without the use of threats, coercion, or other forms of undue influence. Additionally, the Commission had to determine whether specific provisions of the agreement, particularly those relating to wage rates, working hours, and other employment conditions, were consistent with the objectives of the Act and the broader principles of industrial relations.

In reaching its decision, the Fair Work Commission considered the evidence and arguments presented by both parties. The Commission noted the importance of balancing the interests of employees and employers while ensuring that the agreement facilitated productive and harmonious workplace relations. After careful consideration of the submissions and relevant legal principles, the Commission concluded that the majority of the agreement's provisions were fair and reasonable and had been made in good faith. The Commission found that some provisions required minor modifications to ensure full compliance with the Fair Work Act 2009, and these changes were ordered. As a result, the enterprise agreement was approved with the specified amendments.

The final orders of the Commission included the approval of the enterprise agreement with the aforementioned modifications, ensuring that it met the necessary standards for fairness and compliance with the Fair Work Act 2009. The Commission's decision provides clarity for the parties involved and sets a precedent for similar enterprise agreements in the future.

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