DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/428)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

Application for approval of the Indigenous Links 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 Indigenous Links 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 13 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Indigenous Links Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was before the Fair Work Commission. The application was brought by the union seeking to have the enterprise agreement approved as a modern award under section 234 of the Fair Work Act 2009. The employer did not contest the application.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of section 230 of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriate to be made a modern award.

In reaching its decision, the Commission examined the provisions of the enterprise agreement in light of the criteria set out in section 230 of the Act. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that it was appropriate for the agreement to be made a modern award. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and protections against unfair dismissal. The Commission also found that the agreement provided for effective mechanisms for resolving workplace disputes.

The Fair Work Commission approved the application for the Indigenous Links Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 to be made a modern award under section 234 of the Fair Work Act 2009. The agreement will now apply to all employees of Indigenous Links Pty Ltd who are covered by the agreement, and will provide them with a range of protections and entitlements.

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