DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1430)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 MAY 2019

Application for approval of the SUAS 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 SUAS 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, 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 17 May 2019. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the SUAS Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was contested by SUAS Civil Pty Ltd, which raised concerns about certain provisions of the proposed agreement.

The primary legal issues before the Commission were whether the provisions of the proposed enterprise agreement complied with the relevant legislative requirements and whether they were fair and reasonable in the circumstances. Key concerns raised by SUAS Civil Pty Ltd included the definition of certain terms, the scope of the agreement, and the implications of specific provisions on operational flexibility.

The Commission examined each of the contested provisions in detail, considering the statutory criteria and principles of good faith bargaining and industrial fairness. It found that while some terms required clarification, the overall provisions of the agreement were fair and reasonable. The Commission made certain adjustments to address the specific concerns of SUAS Civil Pty Ltd, ensuring that the agreement complied with all necessary legal standards. As a result, the Commission approved the enterprise agreement with the specified modifications.

The final orders included the approval of the enterprise agreement with the adjustments made by the Commission, ensuring that the agreement met all statutory requirements and was fair to both parties.

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