DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2717)

FULL CIRCLE DEVELOPMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 AUGUST 2019

Application for approval of the FULL CIRCLE DEVELOPMENTS 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 FULL CIRCLE DEVELOPMENTS 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 14 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

Full Circle Developments Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of their Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC) which has jurisdiction over such matters under the Act. The dispute primarily centred on whether the Enterprise Agreement met the criteria for approval under the Act, specifically whether the agreement contained the minimum terms and conditions required by law, and whether it had been made in good faith and without coercion.

The key legal issues addressed by the FWC involved verifying that the agreement included all mandatory terms and conditions as prescribed by the Act, and ensuring that the agreement had been made without any form of unfair or coercive practices. The FWC examined whether the agreement was procedurally sound, meaning it was negotiated in good faith and allowed for proper consultation between the parties. The FWC also had to consider if the agreement complied with the provisions concerning modern awards and if it provided for fair and reasonable terms and conditions of employment.

The FWC found that the Enterprise Agreement satisfied all the legal requirements for approval. It confirmed that the agreement incorporated all necessary mandatory terms and conditions, and it was made without any unfair practices. The FWC was satisfied that the agreement had been negotiated in good faith and allowed for adequate consultation between the parties. Furthermore, the FWC determined that the agreement was consistent with modern awards and provided fair and reasonable terms and conditions of employment.

Consequently, the FWC approved the Enterprise Agreement 2016-2018 between Full Circle Developments Pty Ltd and the CFMEU (Victorian Construction and General Division). The decision was made on the basis that the agreement met all the statutory requirements and was fair and reasonable for the employees covered by it. The approval of the agreement ensures that it will now serve as the governing document for the terms and conditions of employment between the parties for the specified period.

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