DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cockram Construction Australia Pty Ltd
(AG2017/6682)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2018

Application for approval of the Cockram Construction Australia 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 Cockram Construction Australia 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 Cockram Construction Australia 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 17 January 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cockram Construction Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) were parties to an enterprise agreement that was submitted to the Fair Work Commission for approval. The application was made under the Fair Work Act 2009. The primary dispute centred around whether the enterprise agreement met the criteria for approval as stipulated by the legislation. Specifically, the applicant sought to confirm that the agreement was free from any elements that would contravene the Act.

The central legal issues before the court involved verifying if the agreement was genuinely a product of bargaining between the parties, if it contained the requisite good faith provisions, and if it adhered to the procedural requirements for approval. Additionally, the court had to determine whether the agreement included any terms that would unfairly disadvantage employees or contravene minimum wage standards.

In reaching its decision, the court examined the evidence provided by both parties, focusing on the bargaining process, the content of the agreement, and its compliance with statutory requirements. The court found that the agreement was a genuine product of free and voluntary bargaining between the parties, that it contained the necessary good faith provisions, and that it complied with all procedural requirements. The court also determined that the agreement did not contain any terms that would unfairly disadvantage employees or contravene minimum wage standards. Consequently, the court approved the enterprise agreement.

The final orders of the court were to approve the Cockram Construction Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its validity and legality under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the parties for the specified period.

Cockram Construction Australia 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