DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/853)

TOMMY ESTCOURT EARTHMOVING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2019

Application for approval of the Tommy Estcourt Earthmoving 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 Tommy Estcourt Earthmoving 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 11 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Tommy Estcourt Earthmoving Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant was the union, and the respondent was the employer. The primary dispute centred around whether the enterprise agreement was fair and compliant with the relevant industrial relations legislation. The Fair Work Commission was the court tasked with determining the approval of the agreement.

The legal issues before the Commission included whether the enterprise agreement met the criteria for being "fair" as outlined in the Fair Work Act 2009. This involved examining whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the statutory requirements, including provisions relating to minimum entitlements and the prohibition of unfair discrimination. The Commission also considered whether the agreement was appropriately negotiated and whether there were any procedural irregularities in the negotiation process.

The Fair Work Commission found that the enterprise agreement was fair and met the statutory requirements. The Commission noted that the agreement provided for appropriate minimum entitlements, including wages and conditions, and did not unfairly discriminate against any class of employees. The Commission also found that the agreement had been appropriately negotiated and that there were no procedural irregularities in the negotiation process. The Commission concluded that the agreement was in the best interests of the employees and the employer and approved the agreement.

The Fair Work Commission approved the Tommy Estcourt Earthmoving Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission's decision was based on its finding that the agreement was fair and complied with the relevant industrial relations legislation. The approval of the agreement means that it will now be legally binding on the employer and the employees covered by the agreement.

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