DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vos Construction & Joinery Pty Ltd
(AG2015/7833)

VOS CONSTRUCTION & JOINERY PTY LTD & CFMEU ENTERPRISE AGREEMENT 2015-2018 [JOINERY]

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Vos Construction & Joinery Pty Ltd & CFMEU Enterprise Agreement 2015-2018 [Joinery].

[1] An application has been made for approval of an enterprise agreement known as the Vos Construction & Joinery Pty Ltd & CFMEU Enterprise Agreement 2015-2018 [Joinery] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vos Construction & Joinery 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vos Construction & Joinery Pty Ltd (the applicant) sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant argued that the agreement met the requirements of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission (FWC), with Cowdroy S.J presiding. The applicant sought to have the enterprise agreement approved, which was challenged by the respondent on the grounds that it did not meet the criteria for approval under the Fair Work Act. The legal issues for the FWC to decide included whether the agreement was made in good faith and whether it was free from any improper influence or interference. Additionally, the FWC had to determine if the agreement contained the minimum terms and conditions as required by the Act. The FWC found that the agreement was made in good faith and was free from improper influence or interference. The applicant had demonstrated a genuine attempt to bargain with the respondent and had met the requirements of the Act. The agreement contained all the minimum terms and conditions as specified in the Fair Work Act. The FWC approved the enterprise agreement between the applicant and the respondent, confirming that it met the necessary legal standards for approval.

Vos Construction & Joinery 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