DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meldline Pty Ltd T/A Keele Industries
(AG2018/1955)

MELDLINE PTY LTD T/A KEELE INDUSTRIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MAY 2018

Application for approval of the Meldline Pty Ltd t/a Keele Industries 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 Meldline Pty Ltd t/a Keele Industries 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 Meldline Pty Ltd T/A Keele Industries. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 25 May 2018 and, in accordance with s.54, will operate from 1 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Meldline Pty Ltd, trading as Keele Industries, applied to the Fair Work Commission for the approval of their Enterprise Agreement with the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018. The application was brought before the Commission in the absence of the parties due to their inability to reach an agreement. The Commission was required to determine if the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements for approval under section 232 of the Fair Work Act. This involved assessing if the agreement contained all the mandatory terms specified in section 235 of the Act, was free from any matter that would render it unlawful, and was not intended to have the effect of avoiding a provision of the Act. Additionally, the Commission had to consider if the agreement was made in good faith and whether it provided for a fair and efficient way of determining terms and conditions of employment.

In reaching its decision, the Commission noted that the agreement contained all the mandatory terms as required by the Act. The Commission found that the agreement was made in good faith and was free from any matter that would render it unlawful. Furthermore, the Commission determined that the agreement did not seek to avoid any provision of the Act and provided for a fair and efficient way of determining terms and conditions of employment. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between Meldline Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The approval was made under section 232 of the Fair Work Act 2009, following the application by Meldline Pty Ltd, trading as Keele Industries, in the absence of the parties.

Meldline Pty Ltd T/A Keele Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established