DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3012)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 AUGUST 2019

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

[1] An application has been made for approval of a greenfields agreement known as the TERAGROUP CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the TERAGROUP CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues that the Commission needed to address included whether the agreement contained the necessary minimum terms, whether it complied with the good faith bargaining requirements, and whether it met the other statutory criteria for approval, including the absence of unfair provisions.

The Commission carefully examined the agreement and found that it contained all the required minimum terms and was the product of genuine and good faith bargaining. The Commission considered the evidence presented by both parties, including the bargaining history and the reasons for the terms agreed upon. The Commission also assessed whether the agreement contained any unfair provisions, and found that it did not. Based on this analysis, the Commission concluded that the agreement met all the statutory requirements for approval. The Commission approved the enterprise agreement, noting that it provided a fair and reasonable framework for the employment relationship between the employer and the employees covered by the agreement. The approval of the agreement was a significant step towards ensuring fair and equitable terms for the workers in the industry.

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