DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5216)

SACS VIC PTY LTD T/AS PORTELLI PAINTING AND MAINTENANCE AND THE 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 SACS VIC Pty Ltd T/As Portelli Painting and Maintenance 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 SACS VIC Pty Ltd T/As Portelli Painting and Maintenance 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 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 (Victorian Branch) and SACS VIC Pty Ltd, trading as Portelli Painting and Maintenance, appeared before the Fair Work Commission to seek approval of their enterprise agreement. The dispute arose out of the parties' negotiations and the subsequent drafting of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This involved assessing whether the agreement was made in good faith and whether it contained the mandatory terms as stipulated by the Act. Furthermore, the Commission had to consider if the agreement provided for genuine bargaining, was free from coercion, and if it met the standards set by the safety net.

In examining the application, the Commission considered evidence provided by both parties regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been made in good faith, with evidence of genuine bargaining and no coercion. The agreement was also found to include all mandatory terms and met the safety net requirements. Consequently, the Commission approved the enterprise agreement, affirming that it complied with all necessary legal standards.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it met all statutory requirements under the Fair Work Act. This decision recognises the agreement as valid and enforceable, providing a framework for employment conditions between the parties for the specified period.

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