DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1752)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2019

Application for approval of the Yarra Industries 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 Industries 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 12 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Yarra Industries Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the employer's request for the Fair Work Commission to approve the agreement, which had been negotiated between the employer and the union. The nature of the dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement complied with the various provisions of the Fair Work Act, including the requirement that the agreement be in writing, that it was made by an employer and a registered union, and that it was free from prohibited content. The court also had to consider whether the agreement contained appropriate mechanisms for the resolution of disputes and whether it included provisions that were not contrary to public policy. Additionally, the court needed to ensure that the agreement did not discriminate against any group of employees and that it was made in good faith.

The Fair Work Commission, in its decision, found that the agreement met all the necessary statutory requirements for approval. The commission noted that the agreement was in writing, was made by the employer and the union, and did not contain any prohibited content. The commission also found that the agreement included appropriate mechanisms for the resolution of disputes and did not include any provisions that were contrary to public policy. Furthermore, the commission was satisfied that the agreement did not discriminate against any group of employees and was made in good faith.

As a result, the commission approved the agreement, subject to certain modifications. The commission made orders approving the agreement, with the modifications, and directed that the agreement be registered with the Fair Work Commission. The union and the employer were directed to take all necessary steps to give effect to the approved 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