DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5870)

WITHERS, ALASTAIR T/A AW DOORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 SEPTEMBER 2016

Application for approval of the WITHERS, ALASTAIR T/A AW DOORS 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 WITHERS, ALASTAIR T/A AW DOORS 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 3 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of the Enterprise Agreement between Withers, trading as AW Doors, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The Fair Work Commission heard the matter, considering the application to approve the terms and conditions outlined in the agreement. The primary dispute centred on whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it fairly represented the interests of the employees involved.

The legal issues before the Commission were whether the agreement met the criteria for "better off overall" as required by the Fair Work Act, and whether it contained terms that were contrary to public policy or not genuinely agreed upon by the parties. The Commission also needed to determine if the agreement was procedurally sound, considering the process through which it was negotiated and the manner in which it was presented to the Commission. The central concern was ensuring that the agreement provided fair and reasonable terms for employees while complying with the legal framework governing enterprise agreements.

The Fair Work Commission determined that the Enterprise Agreement met the statutory requirements under the Fair Work Act. The Commission found that the agreement was procedurally sound, with evidence of genuine bargaining between the parties. It was concluded that the agreement was not contrary to public policy and that it provided for terms and conditions that were at least as favourable as the applicable award or applicable industrial instrument. The Commission also found that the agreement was "better off overall" for the employees, taking into account various factors including wage increases, improved working conditions, and additional benefits. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with all relevant legislative provisions.

In light of the above findings, the Fair Work Commission granted approval for the Enterprise Agreement between Withers, trading as AW Doors, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The approved agreement is now legally binding and will govern the terms and conditions of employment for the employees covered by the agreement for the specified duration.

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