DECISION

Fair Work Act 2009
s.185—Enterprise agreement

2Construct Pty Ltd
(AG2017/6037)

2CONSTRUCT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2017

Application for approval of the 2Construct 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 2Construct 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 2Construct 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 27 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

2Construct Pty Ltd, represented by the employer, applied to the Fair Work Commission for the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union, represented by the employee, opposed the approval on various grounds, including the absence of a genuine enterprise agreement and the failure to meet the requirements of the Fair Work Act 2009. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved.

The legal issues before the commission involved whether the enterprise agreement met the criteria for approval under the Fair Work Act, including whether it was a genuine enterprise agreement and whether it complied with the procedural requirements of the Act. The commission also had to consider whether the agreement contained terms and conditions that were fair and reasonable in all respects. The employer argued that the agreement was genuine and met all legal requirements, while the employee argued that it did not.

The commission found that the enterprise agreement was genuine and met the requirements of the Fair Work Act. The commission noted that the agreement had been negotiated in good faith between the parties and that it contained terms and conditions that were fair and reasonable. The commission also found that the procedural requirements of the Act had been met, and that the agreement complied with all relevant provisions. The commission approved the enterprise agreement, and the employer's application was successful.

The Fair Work Commission approved the enterprise agreement between 2Construct Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period of 2016 to 2018. The commission found that the agreement was genuine and met all legal requirements, including the procedural requirements of the Fair Work Act. The commission also found that the agreement contained terms and conditions that were fair and reasonable in all respects. The employer's application for approval of the enterprise agreement was successful, and the agreement was approved for the specified period.

2Construct 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