DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6068)

ABEL CONCEPTS (AUST) PTY LTD T/AS ABEL FLAG POLES & FLAGS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2016

Application for approval of the ABEL CONCEPTS (AUST) PTY LTD T/As ABEL FLAG POLES & FLAGS 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 ABEL CONCEPTS (AUST) PTY LTD T/As ABEL FLAG POLES & FLAGS 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 11 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 case involved an application for approval of the ABEL CONCEPTS (AUST) PTY LTD T/As ABEL FLAG POLES & FLAGS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The parties to the dispute were ABEL Concepts (Aust) Pty Ltd, trading as Abel Flag Poles & Flags, and the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission.

The central legal issues for the Commission to decide were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for terms and conditions that were no less favourable than the applicable award or safety net award and whether it complied with the procedural requirements for registration. This involved examining the provisions of the agreement, the process by which it was negotiated, and whether it adequately protected the interests of employees.

In its decision, the Fair Work Commission determined that the enterprise agreement was compliant with the statutory requirements. The Commission found that the agreement contained terms and conditions that were no less favourable than those provided for in the relevant awards and met the procedural standards necessary for registration. The Commission noted the parties' good faith negotiation process and the comprehensive nature of the agreement, which included provisions for wages, penalties, and various workplace conditions. The Commission approved the enterprise agreement, and no further orders were required as the agreement was deemed to be valid and binding.

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