DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2744)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 AUGUST 2019

Application for approval of the VIC CIVIL 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 VIC CIVIL 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 19 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

The case before the Fair Work Commission involved an application for approval of the VIC Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on the fairness and effectiveness of the proposed agreement, which outlined terms and conditions of employment for workers within the specified industry sectors. The Commission was tasked with ensuring that the agreement complied with the relevant statutory provisions and that it met the standards of procedural and substantive fairness.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act 2009, such as the need for genuine bargaining and the provision of relevant information. Additionally, the Commission had to determine whether the agreement was fair and whether it included provisions that were consistent with the national minimum standards and other relevant provisions of the Act. The Commission also had to consider the potential impact of the agreement on the workers' rights and protections.

The Fair Work Commission determined that the agreement had been made in compliance with the necessary procedural requirements, including genuine bargaining and the provision of relevant information. The Commission found that the agreement was fair, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The agreement was deemed to be consistent with the national minimum standards and other relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement provided adequate protections for the workers and did not adversely affect their rights. Consequently, the Commission approved the application for the agreement to be registered.

The Commission's final order was the approval and registration of the VIC Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was set to be in effect from the date of registration and would govern the terms and conditions of employment for the relevant workers within the specified industry sectors.

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