Construction, Forestry, Maritime, Mining and Energy Union Summary

[2019] FWCA 6909

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3667)

HOULMANN BLAKE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the HOULMANN BLAKE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the HOULMANN BLAKE 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 Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Houlmann Blake Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission (FWC), Australia's workplace relations tribunal. The primary issue before the FWC was to determine whether the proposed enterprise agreement met the legal requirements under the Fair Work Act 2009 for approval. This involved assessing if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it adhered to the provisions of the Act concerning fair and reasonable terms.

The FWC examined the bargaining process, the content of the agreement, and its implications for the employees and employer. The union and the employer had to demonstrate that the agreement was negotiated in good faith, and that it included the mandated minimum terms and conditions, such as those relating to pay, hours of work, and other employment conditions. The FWC also needed to ensure that the agreement did not unfairly disadvantage any party and that it provided a fair and reasonable outcome for all involved.

In reaching its decision, the FWC considered evidence from both parties regarding the negotiation process and the contents of the agreement. The FWC determined that the agreement was made in good faith and contained all the required minimum terms and conditions. The tribunal also concluded that the agreement did not unfairly disadvantage any party and provided fair and reasonable terms for the employees and the employer. Consequently, the FWC approved the enterprise agreement.

The FWC's final orders included the approval of the Houlmann Blake Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which would now be binding on the parties and their employees for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established