DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/217)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Cubed CFC 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 Cubed CFC 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 19 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Cubed CFC Pty Ltd. The dispute was an application for the approval of the Enterprise Agreement between the two parties for the period of 2016 to 2018. The matter was heard in the Fair Work Commission (FWC), an Australian federal statutory body responsible for resolving disputes between employers and employees.

The central legal issue before the FWC was whether the Enterprise Agreement met the requirements set out in the Fair Work Act 2009 (Cth) for it to be approved and registered. Specifically, the FWC needed to determine if the agreement contained the necessary minimum terms and conditions, and if it was made in good faith and without coercion.

In its reasoning, the FWC found that the Enterprise Agreement was largely compliant with the statutory requirements. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The FWC also found that the agreement was made in good faith and without any undue influence or coercion. The FWC did, however, make minor adjustments to the agreement to ensure full compliance with the law. These adjustments included clarifying certain provisions and making minor amendments to address technical issues.

As a result of the FWC's findings, the Enterprise Agreement was approved and registered. The final orders of the FWC confirmed the approval of the agreement, with the minor adjustments made by the FWC. The decision was binding on both parties and provided a framework for their industrial relationship for the duration of 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