DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5491)

ARCHIFIT INSTALLATIONS PTY LTD T/A ARCHIFIT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the Archifit Installations Pty Ltd t/a Archifit 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 Archifit Installations Pty Ltd t/a Archifit 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 16 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Victoria Branch applied to the Fair Work Commission for approval of the Archifit Installations Pty Ltd t/a Archifit and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application followed a referral by the parties to the Commission. The nature of the dispute centred around the validity and approval of the enterprise agreement, which covered employment terms and conditions for workers at Archifit Installations Pty Ltd. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing whether the agreement met the legal requirements for approval. This included examining the bargaining process, the fairness of the terms, and compliance with the provisions of the Act.

The central legal issue before the Commission was whether the enterprise agreement was genuinely negotiated, met the requirements of the Act, and was fair and reasonable in all its aspects. The Commission had to determine if the agreement had been fairly and genuinely negotiated, if it complied with the mandatory provisions set out in the Act, and if it was free from any unlawful content. The fairness of the agreement's terms, particularly in light of the broader economic context and industry standards, was also a critical consideration.

In rendering its decision, the Commission carefully examined the evidence and submissions from both parties. It found that the agreement had been genuinely negotiated and was in compliance with the statutory requirements. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the broader economic environment. It approved the enterprise agreement, recognising the importance of such agreements in regulating employment conditions within the industry. The decision was based on a detailed analysis of the bargaining process, the terms of the agreement, and the overall fairness of the provisions.

The Commission's final order was to approve the Archifit Installations Pty Ltd t/a Archifit and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This approval was effective from the date of the decision, ensuring that the agreed terms and conditions would govern the employment relationship 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