DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5952)

WESTERN COMMERCIAL WINDOWS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the WESTERN COMMERCIAL WINDOWS 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 WESTERN COMMERCIAL WINDOWS 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 6 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 Western Commercial Windows Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the negotiation process and the contents of the proposed agreement, which was to govern the employment terms and conditions for workers at Western Commercial Windows Pty Ltd.

The central legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it met the procedural and substantive requirements for approval. Specifically, the Commission needed to determine if the agreement had been made free from any improper influences or pressures and if it provided fair and reasonable terms and conditions for the employees.

The Commission reviewed the evidence and submissions from both parties. It found that the agreement had been negotiated in good faith and that no improper influences had affected the process. Furthermore, the terms of the agreement were considered fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the Commission approved the enterprise agreement, noting the importance of such agreements in facilitating fair and productive workplace relations.

The final order was that the Western Commercial Windows Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as meeting the necessary legal and procedural requirements.

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