DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1650)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the ART-CON 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 ART-CON 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 7 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ART-CON PTY LTD, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) lodged an application for the approval of their Enterprise Agreement 2016 - 2018. The application was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or seek amendments to enterprise agreements under the Fair Work Act 2009 (Cth). The primary dispute centred on whether the proposed enterprise agreement complied with the statutory requirements and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved ensuring the agreement met the criteria outlined in section 232 of the Fair Work Act, including that it contained no terms that would allow for unfair dismissal, and that it provided for fair and reasonable terms and conditions. The Commission had to determine if the agreement was genuinely negotiated, if it adhered to the good faith bargaining requirements, and if it was in the best interests of the employees.

The Commission found that the agreement was genuinely negotiated and contained no terms that would allow for unfair dismissal. The terms and conditions were deemed fair and reasonable, considering the nature of the industry and the bargaining context. The Commission approved the agreement based on its compliance with the statutory provisions and its positive impact on the employees' terms and conditions of employment.

As a result of the approval, the Enterprise Agreement 2016 - 2018 between ART-CON PTY LTD and the CFMEU (Victorian Construction and General Division) was approved and became legally binding on the parties involved. The final orders of the Commission mandated that the agreement be registered with the Fair Work Ombudsman and that it be implemented as per the specified timeline.

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