Forte Signs (Australia) Pty Ltd

[2018] FWCA 6302

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Forte Signs (Australia) Pty Ltd

(AG2018/5634)

Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 11 OCTOBER 2018

Application for approval of the Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Forte Signs (Australia) 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 Forte Signs (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the agreement should be approved. The dispute arose when the applicant, Forte Signs, sought approval for the enterprise agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicant argued that the agreement was in the best interests of the employees and the business, while the respondent union contended that certain aspects of the agreement did not meet the statutory requirements for approval.

The legal issues before the commission included whether the agreement met the statutory requirements for approval, including whether it provided for the payment of a minimum rate of pay, included terms on redundancy pay and leave entitlements, and whether it was made in good faith and without coercion. The commission also needed to assess whether the agreement provided for a fair and equitable outcome for both the employer and the employees.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. It was determined that the agreement provided for the payment of a minimum rate of pay, included terms on redundancy pay and leave entitlements, and was made in good faith and without coercion. The commission further found that the agreement provided for a fair and equitable outcome for both the employer and the employees. Consequently, the commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered. The agreement was to be in effect from 1 July 2016 until 30 June 2018, subject to any further orders of the commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established