DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/874)

SHEER CONSTRUCTION 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 Sheer Construction 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 Sheer Construction 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 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Sheer Construction Pty Ltd for the approval of their Enterprise Agreement. The application was brought before the Fair Work Commission, Australia's independent statutory body with responsibility for the resolution of workplace disputes. The CFMEU, representing construction workers, and Sheer Construction Pty Ltd, a construction company, sought to have their 2016-2018 Enterprise Agreement approved, which outlined terms and conditions of employment for employees in their industry. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to address were whether the agreement met the requirements for good faith bargaining, and whether it contained terms that were procedurally and substantively fair. This involved assessing whether the agreement had been negotiated in good faith, whether it contained mandatory terms that were no less favourable than the relevant award or safety net, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained terms that were procedurally and substantively fair, including the ability to provide for the resolution of disputes, and whether the agreement was consistent with the national system for the resolution of workplace disputes.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained terms that were procedurally and substantively fair. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act, and that it contained terms that were no less favourable than the relevant award or safety net. The Commission also noted that the agreement contained provisions for the resolution of disputes, and that it was consistent with the national system for the resolution of workplace disputes. As a result, the Commission approved the Enterprise Agreement, finding that it met the necessary requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement, finding that it met the necessary requirements for approval under the Fair Work Act. The agreement was deemed to be the lawful terms and conditions of employment for the employees of Sheer Construction Pty Ltd, and would be in effect from the date of the Commission's decision. The Commission noted that the agreement contained provisions for the resolution of disputes, and that it was consistent with the national system for the resolution of workplace disputes. The approval of the Enterprise Agreement provides certainty for both the employer and employees, and ensures that the terms and conditions of employment are fair and reasonable.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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