DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3951)

A.P.C(AUSTRALIAN PROFESSIONAL CONTRACTING) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 OCTOBER 2019

Application for approval of the A.P.C(AUSTRALIAN PROFESSIONAL CONTRACTING) 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 A.P.C(AUSTRALIAN PROFESSIONAL CONTRACTING) 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 4 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 an application by the Australian Professional Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of their Enterprise Agreement 2016-2018. This matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees it covered, if it provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements of the Act.

The Commission commenced its analysis by examining the procedural compliance of the agreement. It considered whether the necessary bargaining processes were followed, including the extent of consultation and negotiation between the parties. In assessing the substantive provisions of the agreement, the Commission evaluated the fairness of the terms and conditions, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission also took into account the broader economic and social context, including the impact on employees' living standards and the competitive position of the industry. Ultimately, the Commission found that the agreement met the statutory criteria and approved it, recognising its balance of interests and its contribution to improved workplace relations.

The Commission's decision was grounded in its assessment that the agreement provided for fair and reasonable terms and conditions, taking into account the economic context and the need to maintain a competitive industry. The decision emphasised the importance of maintaining a cooperative and productive relationship between employers and employees. The Commission concluded that the agreement would benefit employees by ensuring fair remuneration and conditions, while also supporting the operational needs of the employers. The final orders included the approval of the Enterprise Agreement 2016-2018 between the Australian Professional Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), effective from the date of the decision.

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