DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/856)

ZZZ CONSTRUCTIONS 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 ZZZ Constructions 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 ZZZ Constructions 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

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ZZZ Constructions Pty Ltd, where the dispute centred on the approval of the Enterprise Agreement between the two parties for the period 2016-2018. The application for approval was brought before the Fair Work Commission, as per its jurisdiction under the Fair Work Act 2009. The central issue was whether the proposed agreement met the legal requirements for approval and whether it adhered to the principles of good faith bargaining and fairness.

The legal issues that the court had to resolve included whether the agreement had been made in good faith, whether it contained all the necessary provisions required by the Fair Work Act, and if the agreement was fair and reasonable in terms of its provisions and implications for both parties. The court also needed to consider whether the agreement had been made without coercion, and whether it contained terms that were consistent with the objectives of the Fair Work Act, particularly in relation to employee protections and fair workplace practices.

In delivering its decision, the court examined the process through which the agreement was negotiated and concluded that the agreement had indeed been made in good faith and without coercion. The court found that the agreement was comprehensive and included all necessary provisions as required by the Act. The court was satisfied that the terms of the agreement were fair and reasonable, taking into account the rights and interests of both the employees and the employer. Consequently, the court approved the Enterprise Agreement, affirming that it met all legal standards for fairness and compliance with the Act.

The final orders of the court approved the Enterprise Agreement 2016-2018 between ZZZ Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division), effective from the date of the decision. The court's approval signified that the agreement was in line with the legislative requirements and was fair and reasonable for both parties involved.

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