DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5860)

CUSTOM CLAD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Custom Clad 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 Custom Clad 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 4 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of an Enterprise Agreement between Custom Clad Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was made under section 230 of the Fair Work Act 2009. The dispute was brought before the Fair Work Commission, which has the authority to assess and approve such agreements to ensure they meet the legal standards set out in the Act.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on the provisions regarding the protection of employees' rights and the process through which the agreement was made. Key points of contention included the fairness of the agreement's terms, the adequacy of the process by which the agreement was negotiated, and whether the agreement adequately protected employees' rights, including minimum wage rates, leave entitlements, and other conditions of employment.

The Commission found that the agreement substantially complied with the requirements of the Act. It noted that the negotiation process appeared to be genuine and that the agreement included terms that were fair and reasonable. The Commission also determined that the agreement provided adequate protections for employees, including minimum wage rates and other employment conditions, and that it did not adversely affect the rights of non-party employees. Based on these findings, the Commission approved the Enterprise Agreement, stating that it met the necessary legal standards for approval under the Fair Work Act.

The Commission's approval of the Enterprise Agreement signifies its acceptance that the agreement is fair and reasonable, and that it adequately protects the rights of employees involved. This decision provides clarity and legal certainty for the parties involved, allowing the agreement to take effect as intended.

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