DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5210)

ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD and 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 ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD and 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 5 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 to the Fair Work Commission for approval of the ABF Aluminium Balustrading Systems Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was made by the union and the employer and provided for wages and conditions for employees of ABF Aluminium Balustrading Systems Pty Ltd. The union sought to have the agreement approved as a modern award, allowing it to be registered and enforceable. The employer did not oppose the application, however, the Australian Building and Construction Commission did. The Commission argued that the agreement did not meet the requirements of section 234 of the Fair Work Act 2009 because it contained terms that were inconsistent with the provisions of the Building and Construction Industry (Building and Construction) Award 2010.

The Fair Work Commission was required to determine whether the agreement was consistent with the requirements of section 234 of the Fair Work Act. The Commission examined the terms of the agreement and considered whether they were consistent with the provisions of the relevant award. The Commission found that some of the terms of the agreement were inconsistent with the provisions of the award and therefore did not meet the requirements of section 234 of the Fair Work Act. The Commission determined that the agreement could not be approved as a modern award.

The Fair Work Commission found that the agreement could not be approved as a modern award because it contained terms that were inconsistent with the provisions of the Building and Construction Industry (Building and Construction) Award 2010. The Commission determined that the terms of the agreement were not consistent with the provisions of the award because they provided for different pay rates and conditions than those provided for in the award. The Commission concluded that the agreement did not meet the requirements of section 234 of the Fair Work Act and therefore could not be approved as a modern award.

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