DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5382)

IMPERIAL STONE INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Imperial Stone Industries 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 Imperial Stone Industries 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 12 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 Construction, Forestry, Mining and Energy Union - Victoria Branch applied for the approval of the Enterprise Agreement between Imperial Stone Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016-2018. The application was heard by the Fair Work Commission, which is the relevant tribunal for such matters. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion.

The Commission considered the various provisions of the agreement and the submissions made by both parties. The Union argued that the agreement was fair and reasonable, and had been made in good faith. They also argued that the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. On the other hand, the employer argued that the agreement was not reasonable, as it imposed excessive costs on the business and was not in line with industry standards. The Commission found that the agreement was fair and reasonable, and had been made in good faith. The Commission noted that the agreement provided for adequate protections for employees, and that the employer had not demonstrated that the agreement imposed excessive costs on the business.

The Fair Work Commission approved the Enterprise Agreement between Imperial Stone Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016-2018. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009, and that it provided for fair and reasonable terms and conditions for employees. The employer was ordered to give written notice of the approval of the agreement to all employees covered by the agreement.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established