DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workrite Constructions Pty Ltd T/A Workrite Commercial Interiors
(AG2019/3832)

WORKRITE COMMERCIAL INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 OCTOBER 2019

Application for approval of the Workrite Commercial Interiors 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 Workrite Commercial Interiors 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 Workrite Constructions Pty Ltd T/A Workrite Commercial Interiors. 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workrite Constructions Pty Ltd, trading as Workrite Commercial Interiors, and the CFMEU (Victorian Construction and General Division) brought an application before the Fair Work Commission seeking approval of their enterprise agreement. The agreement, which was entered into in 2016, aimed to govern the terms and conditions of employment for employees working in the commercial interior construction industry within Victoria. The application was brought before the Commission to ensure the agreement complied with the Fair Work Act 2009.

The legal issues the court had to determine were whether the enterprise agreement met the criteria for registration under the Fair Work Act, and whether the agreement was fair and balanced in its terms. The court needed to consider whether the agreement was made in good faith, whether it contained the essential elements of a modern award, and whether it complied with the other requirements of the Act. The court also needed to ensure that the agreement did not discriminate against any particular group of employees.

The court found that the enterprise agreement was fair and balanced, and met the criteria for registration. The agreement contained all the essential elements of a modern award, including minimum wages, leave entitlements, and conditions of employment. The court also found that the agreement was made in good faith, and did not discriminate against any particular group of employees. The court approved the agreement, and it was registered with the Fair Work Commission.

The final orders of the court were that the Workrite Commercial Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered with the Fair Work Commission. The agreement was deemed to be in force from the date of the approval, and would govern the terms and conditions of employment for employees working in the commercial interior construction industry within Victoria.

Workrite Constructions Pty Ltd T/A Workrite Commercial Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established