DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5751)

ASK ALUMINIUM FABRICATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the ASK Aluminium Fabrications 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 ASK Aluminium Fabrications 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 27 September 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 parties in this case were the Construction, Forestry, Mining and Energy Union and ASK Aluminium Fabrications Pty Ltd. They sought approval of their enterprise agreement from 2016 to 2018. The application was heard by the Fair Work Commission, which is responsible for overseeing such agreements in Australia. The union and the company aimed to establish terms and conditions for their employees, but faced challenges in gaining the required approval.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for fair work and whether it complied with the relevant legislation. This included examining whether the agreement provided for a fair and reasonable outcome for all employees, including those not directly represented by the union. The Commission also considered whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

In delivering its decision, the Commission found that the enterprise agreement met the necessary criteria for approval. The agreement was deemed to be fair and reasonable, taking into account the interests of both employees and employers. The Commission noted that the agreement provided for appropriate mechanisms to address disputes and ensure fair treatment of employees. Additionally, the Commission determined that the agreement did not contravene any public policy or statutory provisions. As a result, the application for approval was successful.

The Fair Work Commission approved the ASK Aluminium Fabrications Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement now serves as the binding contract between the company and its employees, governing their working conditions and terms of employment for the specified period.

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