Nepean Sign Works Pty Ltd; Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 4853

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Nepean Sign Works Pty Ltd; Construction, Forestry, Mining and Energy Union

(AG2017/4062)

NEPEAN SIGN WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Gregory	SYDNEY, 18 SEPTEMBER 2017

Application for approval of the NEPEAN SIGN WORKS 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 NEPEAN SIGN WORKS 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 Construction, Forestry, Mining and Energy Union. 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, 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 25 September 2017. 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 Fair Work Commission was called upon to approve the Nepean Sign Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union, Construction, Forestry, Mining and Energy Union, sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the sign-making industry, specifically addressing wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it complied with the 'better off overall test'. The Commission needed to determine if the proposed agreement provided employees with conditions that were no worse than their current conditions and whether it was fair and reasonable in all its terms.

The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009. It was determined that the agreement provided employees with conditions that were at least as good as their existing conditions and, in many respects, better. The Commission also concluded that the agreement was fair and reasonable in all its terms, taking into account the nature of the industry and the bargaining positions of the parties. As a result, the Fair Work Commission approved the Nepean Sign Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

Nepean Sign Works Pty Ltd; Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established