DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5890)

ALIMAK HEK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MASTER CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the ALIMAK HEK PTY LTD and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the ALIMAK HEK PTY LTD and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the ALIMAK HEK PTY LTD and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the necessary standards and provisions required by the Fair Work Act 2009, including the minimum terms and conditions of employment, and if it complied with the procedural fairness requirements. The legal issues before the Commission were whether the agreement provided fair and reasonable terms for employees and if the process followed in reaching the agreement was lawful and transparent.

The Commission examined the terms of the agreement, considering various aspects such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also assessed whether the agreement was made in good faith and if there was proper consultation and negotiation between the parties. Furthermore, the Commission reviewed whether the agreement complied with the minimum terms and conditions stipulated in the Fair Work Act 2009, and if the process of approval was in line with the procedural fairness requirements. Ultimately, the Commission determined that the agreement met the necessary legal standards and was fair and reasonable for the employees. The Commission found that the agreement was made in good faith, with proper consultation and negotiation between the parties, and complied with the minimum terms and conditions set out in the Fair Work Act 2009.

The Fair Work Commission approved the ALIMAK HEK PTY LTD and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018. The Commission found that the agreement provided fair and reasonable terms and conditions of employment for the employees, and that the process of approval was conducted in accordance with the Fair Work Act 2009 and procedural fairness requirements. The agreement was considered to be in the best interest of the employees and was approved for operation.

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