DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6171)

SFW (AUST) UNIT TRUST (THE TRUSTEE FOR) T/AS SUMMIT FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the SFW (AUST) Unit Trust (The Trustee For) T/As Summit Formwork 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 SFW (AUST) Unit Trust (The Trustee For) T/As Summit Formwork 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 14 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMU) and the applicant, the SFW (AUST) Unit Trust (The Trustee For) T/As Summit Formwork Pty Ltd. The dispute revolved around the application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The case was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The primary legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest, taking into account factors such as the impact on employees, employers, and the broader community. Additionally, the Commission had to assess whether the agreement provided for the fair and reasonable terms and conditions of employment, and if it was consistent with the fundamental principles of the industrial relations system.

In its decision, the Commission thoroughly examined the provisions of the Enterprise Agreement and the submissions made by both parties. The Commission found that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions of employment, and was consistent with the fundamental principles of the industrial relations system. The Commission also considered the views of the employees, employers, and the broader community, and concluded that the agreement would not have an adverse impact on these groups. As a result, the Commission approved the Enterprise Agreement, finding it met the necessary criteria for approval under the Fair Work Act.

The final orders of the Commission included the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which would now be binding on the employees and employers covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that any disputes arising from the agreement be referred to the Commission for resolution.

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