DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil & Allied Technical Construction (Victoria) Pty Ltd T/As CATCON (Vic)
(AG2015/2483)

CIVIL & ALLIED TECHNICAL CONS (VIC) P/L T/AS CATCON (VIC) AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 APRIL 2015

Application for approval of the Civil & Allied Technical Cons (VIC) P/L T/As CATCON (VIC) and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Civil & Allied Technical Cons (VIC) P/L T/As CATCON (VIC) and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil & Allied Technical Construction (Victoria) Pty Ltd T/As CATCON (Vic). The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union (CFMEU) which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil & Allied Technical Construction (Victoria) Pty Ltd, trading as CATCON (Vic), applied to the Fair Work Commission for approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union (CFME) opposed the application, asserting that the agreement did not comply with certain legislative requirements. The case was heard by Deputy President L J Richardson. The primary legal issues revolved around whether the enterprise agreement met the necessary statutory criteria for approval, particularly concerning the classification of employees and the inclusion of certain clauses. The court had to determine if the agreement was fair and reasonable, and if it complied with the Fair Work Act 2009. The Deputy President examined the agreement's provisions and the arguments presented by both parties. The court found that while the agreement had some shortcomings, it did not fundamentally contravene the legislative requirements. The Deputy President approved the agreement, noting that minor amendments could be made to address the concerns raised by the CFMEU. The final orders included the approval of the enterprise agreement with conditions for minor revisions to be implemented within a specified timeframe.

Civil & Allied Technical Construction (Victoria) Pty Ltd T/As CATCON (Vic)

DECISION

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