Melbourne Facades Pty Ltd

[2018] FWCA 4927

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Facades Pty Ltd

(AG2018/3720)

The Trustee for Melbourne Facades Trust t/a Melbourne Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Johns	Melbourne, 23 August 2018

Application for approval of The Trustee for Melbourne Facades Trust t/a Melbourne Facades 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 Trustee for Melbourne Facades Trust t/a Melbourne Facades 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 Melbourne Facades 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 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 30 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Facades Pty Ltd and The Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) were involved in an application seeking approval of an enterprise agreement. The dispute was heard by the Fair Work Commission. The central legal issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the provisions concerning fair and reasonable terms and if it was genuinely negotiated. The Commission examined the bargaining process, the content of the agreement, and the interests of the parties involved.

The Fair Work Commission found that the agreement was fairly and genuinely negotiated, and the terms were fair and reasonable. The Commission noted that the agreement provided for adequate consultation processes and covered key employment conditions. It was also found to be consistent with the objectives of the Fair Work Act. The Commission took into account the submissions from both parties and relevant precedents in reaching its decision. The Trustee for Melbourne Facades Trust and the CFMEU had demonstrated a genuine attempt to reach a mutually beneficial agreement.

The Fair Work Commission approved the Melbourne Facades Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission was satisfied that the agreement was fairly and genuinely negotiated, and the terms were fair and reasonable. The agreement was deemed to meet all statutory requirements for approval and was thus approved. The decision underscores the importance of genuine negotiation and fair terms in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established