DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2484)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2019

Application for approval of the Yarra Constructions 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 Yarra Constructions 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 20 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Yarra Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Australian Industrial Relations Commission was tasked with determining whether the enterprise agreement in question should be approved. The application was made by the Construction, Forestry, Maritime, Mining and Energy Union, while the respondent, Yarra Constructions Pty Ltd, did not oppose the application. The dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The court had to decide if the enterprise agreement met the statutory criteria set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was made without any element of coercion. The court also needed to examine if the agreement was in the best interests of the employees and if it adhered to the principles of good faith bargaining. Additionally, the court considered whether the agreement was made in accordance with the relevant provisions of the Act, particularly those concerning the process of agreement making.

In its decision, the court meticulously reviewed the evidence presented, including the bargaining process and the content of the agreement. The court found that the agreement was made in good faith, without coercion, and that it provided fair and reasonable terms and conditions for the employees. The court was satisfied that the agreement complied with all statutory requirements and was in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The final orders of the court approved the Yarra Constructions Pty Ltd 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. This approval ensures that the terms and conditions set out in the agreement are legally binding on both parties and that the employees are covered by the provisions of the agreement.

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