DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2910)

EMPIRE CONSORTIUM GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the EMPIRE CONSORTIUM GROUP 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 EMPIRE CONSORTIUM GROUP 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement between the Empire Consortium Group Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute centred around the procedural fairness and content of the agreement, particularly whether it was made in good faith and contained appropriate terms for employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The Commission examined whether the union and employer had engaged in genuine bargaining and whether the agreement's terms were fair and reasonable. The union argued that the employer had not engaged in good faith bargaining, while the employer contended that the agreement was the product of proper negotiation and met all statutory requirements. The Commission considered the evidence presented by both parties, including witness statements and documentary evidence, to assess the validity of their claims.

After thorough consideration, the Commission found that the agreement had been made in good faith and was fair and reasonable. The Commission noted that both parties had engaged in genuine bargaining and that the terms of the agreement were appropriate for the industry and workforce. The Commission approved the enterprise agreement, emphasising the importance of fair and reasonable terms in enterprise agreements to ensure the protection of employees' rights and interests.

The Commission's decision underscored the need for employers and unions to engage in good faith bargaining to create fair and reasonable enterprise agreements. The approval of the agreement was a significant outcome for both the union and the employer, as it provided a framework for fair and reasonable terms and conditions of employment.

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