DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/936)

CRV 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 APRIL 2019

Application for approval of the CRV 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 CRV 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, 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 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the CRV Industries Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought under the Fair Work Act 2009, and the primary dispute centred around whether the agreement met the statutory requirements for approval. Specifically, the issues included whether the agreement complied with the procedural fairness provisions and whether it was in the best interests of the employees covered by the agreement.

The legal issues the court was required to decide included whether the union had properly certified the agreement, whether the agreement complied with the good faith bargaining requirements, and whether it met the public interest test as stipulated by the Fair Work Act. Additionally, the court examined whether the agreement provided adequate protections and benefits for the employees and if it allowed for fair and effective dispute resolution mechanisms.

In its reasoning, the Fair Work Commission determined that the union had appropriately certified the agreement and that the bargaining process had been conducted in good faith. The Commission found that the agreement complied with all procedural fairness requirements and that it met the public interest test. The Commission also noted that the agreement provided adequate protections and benefits for the employees, and it allowed for fair and effective dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees.

The final orders of the Commission were that the CRV Industries Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved under section 176 of the Fair Work Act 2009. The agreement was to commence on the date of approval and to remain in force until 31 December 2018, subject to any termination or variation as permitted by the Act.

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