DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/441)

PREMIER CIVIL STRUCTURES 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 Premier Civil Structures 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 Premier Civil Structures 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 case before the Fair Work Commission involved an application for the approval of the Premier Civil Structures Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and harassment, and was genuinely negotiated. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The Commission had to consider submissions from both parties, including evidence and arguments regarding the negotiation process, and the fairness of the terms and conditions outlined in the agreement. The Commission also had to ensure that the agreement did not contain any provisions that were contrary to public policy or that had the potential to undermine the industrial relations system.

In making its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement was genuinely negotiated, as there was clear evidence of meaningful discussions and compromises between the parties. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the industry context and the parties' bargaining positions. The Commission further determined that the agreement did not contain any provisions that were contrary to public policy or detrimental to the industrial relations system. Therefore, the Commission approved the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The Fair Work Commission approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would be legally binding and enforceable. This outcome also contributed to a stable industrial relations environment in the construction industry, as it demonstrated the Commission's commitment to facilitating fair and reasonable agreements between employers and employees.

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