DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4106)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 NOVEMBER 2019

Application for approval of the SPECTRUM COMMERCIAL 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 SPECTRUM COMMERCIAL 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 the Construction, Forestry, Maritime, Mining and Energy Union. 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 15 November 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

The case involves Spectrum Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the application for approval of the SPECTRUM COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining, and if the terms and conditions set out in the agreement were fair and reasonable. The court also had to consider whether the agreement contained any provisions that were contrary to public policy or that had an adverse effect on the operation of other enterprise agreements.

In delivering its decision, the court found that the enterprise agreement did meet the requirements for good faith bargaining, as evidenced by the negotiation process and the inclusion of various provisions that addressed the interests of both parties. The court also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The court found that none of the provisions in the agreement were contrary to public policy or had an adverse effect on the operation of other enterprise agreements.

The court ultimately approved the enterprise agreement, confirming its compliance with the relevant provisions of the Fair Work Act 2009. The court's decision was based on the evidence presented and the arguments made by both parties, as well as the court's interpretation of the relevant legal principles and statutes.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established