DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schiavello Systems (Vic) Pty Ltd
(AG2017/5968)

SCHIAVELLO SYSTEMS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Schiavello Systems (Vic) Pty Ltd 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 Schiavello Systems (Vic) 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 Schiavello Systems (Vic) Pty Ltd. 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 21 December 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 case involved Schiavello Systems (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division). The matter before the court was an application for the approval of the Enterprise Agreement (EA) between the two parties, spanning from 2016 to 2018. The Fair Work Commission (FWC) had previously certified the EA as meeting the requirements of the Fair Work Act 2009. The applicant, Schiavello Systems, sought the court's approval of the EA under section 231 of the Fair Work Act.

The legal issues the court had to address included whether the EA met the requirements of section 172 of the Fair Work Act, which mandates that an EA must provide for fair and appropriate terms and conditions, and whether the EA complied with the good faith bargaining provisions under section 186 of the Act. The court also needed to consider whether the EA was made without any improper conduct, coercion, or undue influence.

In delivering the judgment, the court examined the evidence and submissions from both parties. It was found that the EA provided for fair and appropriate terms and conditions, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The court was satisfied that the bargaining process had been conducted in good faith and without any improper conduct, coercion, or undue influence. The court approved the EA, noting that it considered the interests of both employees and employers, and provided a balanced outcome.

The final orders of the court were that the Schiavello Systems (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved, and the EA was registered under section 231 of the Fair Work Act.

Schiavello Systems (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established