DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5780)

AESTHETIC FACADE 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 Aesthetic Facade 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 Aesthetic Facade 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

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CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between Aesthetic Facade Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard by the Fair Work Commission. The union and the employer sought to have their enterprise agreement approved, which had been negotiated and agreed upon by the parties. The agreement was submitted to the Commission for approval as it contained provisions that were outside the scope of the applicable award and therefore required the Commission's endorsement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and efficient bargaining, whether it met the "better off overall test", and whether it contained any provisions that were contrary to public policy. The Commission also had to consider whether the agreement provided for genuine agreement between the parties and whether it was in the best interests of the employees.

In its decision, the Commission found that the agreement met all the necessary requirements for approval. The Commission was satisfied that the agreement provided for genuine agreement between the parties and that it was in the best interests of the employees. The Commission found that the agreement provided for a fair and efficient bargaining process and that it met the better off overall test. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the enterprise agreement between Aesthetic Facade Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) with certain modifications. The modifications were made to ensure compliance with the Fair Work Act 2009 and to address any concerns raised by the Commission during the approval process. The Commission considered the agreement to be in the best interests of the employees and to provide for genuine agreement between the parties. The Commission also found that the agreement met all the necessary requirements for approval under the Act.

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