DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2596)

VALLEYWIDE TREE SERVICES 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 VALLEYWIDE TREE SERVICES 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 VALLEYWIDE TREE SERVICES 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 matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Valleywide Tree Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement, which was to cover the period from 2016 to 2018, required scrutiny to determine if it complied with the provisions of the Fair Work Act 2009. The primary issue was whether the agreement met the criteria for a modern award, including the requirement that it not undermine the right to protected industrial action.

The legal issues before the commission included whether the proposed agreement provided for a fair and efficient workplace, whether it complied with the good faith bargaining requirements, and if it adequately addressed the interests of both the employer and employees. A significant concern was whether the agreement contained provisions that would unduly restrict employees' rights to take protected industrial action, which is a fundamental aspect of the Australian industrial relations system. The commission had to assess the balance between the rights of employers to manage their business and the rights of employees to engage in lawful industrial activities.

The commission found that the agreement generally met the requirements for a modern award. It considered that the agreement provided for a fair and efficient workplace, and that the bargaining process was conducted in good faith. While there were some provisions that could potentially restrict employees' rights to take protected industrial action, these were deemed to be necessary for the efficient operation of the business. The commission concluded that the overall effect of the agreement did not undermine the right to protected industrial action, as it allowed for a reasonable scope of activities that were necessary for the conduct of the employer’s business. Consequently, the commission approved the agreement.

The Fair Work Commission approved the Enterprise Agreement between Valleywide Tree Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The commission's decision was based on the finding that the agreement met the requirements for a modern award, provided for a fair and efficient workplace, and was the product of good faith bargaining. The commission's approval was contingent on the continued compliance with the terms and conditions of the Fair Work Act 2009.

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