DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2916)

EMPIRE LABOUR UNIT TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the EMPIRE LABOUR UNIT TRUST (THE TRUSTEE FOR) 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 EMPIRE LABOUR UNIT TRUST (THE TRUSTEE FOR) 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.

[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 12 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of the Empire Labour Unit Trust, acting as trustee, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The nature of the dispute centred on whether the proposed enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The primary legal issues that the Commission needed to address were whether the agreement met the standards set by the Fair Work Act and if it was made in good faith. The court examined various provisions of the agreement to determine if it adhered to the statutory criteria for enterprise agreements, such as whether it provided for minimum terms and conditions of employment, and whether it was free from prohibited content. Additionally, the court considered if the agreement was made in accordance with the requirements of genuine bargaining and good faith as outlined in the Fair Work Act.

In reaching its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission evaluated the provisions of the agreement against the legislative requirements and found that the agreement was compliant with the Fair Work Act. The Commission concluded that the agreement met the necessary standards and was made in good faith. The court took into account the nature of the bargaining process, the extent of consultation, and the fairness of the terms and conditions proposed in the agreement. Based on this analysis, the Commission approved the enterprise agreement.

The final orders of the court included the approval of the Empire Labour Unit Trust (the trustee) and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The court determined that the agreement was fair and complied with the statutory requirements of the Fair Work Act. The approval of the agreement was a significant outcome for both the employer and the union, as it provided a framework for the terms and conditions of employment within the specified period.

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