DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7096)

AUSTRALIAN BUILDING INDUSTRY CIVIL CONTRACTORS PTY LTD T/AS ABI CIVIL CONTRACTORS AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GREENFIELDS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2019

Application for approval of the AUSTRALIAN BUILDING INDUSTRY CIVIL CONTRACTORS PTY LTD T/As ABI CIVIL CONTRACTORS and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the AUSTRALIAN BUILDING INDUSTRY CIVIL CONTRACTORS PTY LTD T/As ABI CIVIL CONTRACTORS and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Australian Building Industry Civil Contractors Pty Ltd t/as ABI Civil Contractors and CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018. The dispute involved the terms of employment and conditions of work as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms, and if it was consistent with the safety net of minimum standards provided for by the Act. Additionally, the Commission needed to consider whether the agreement adequately protected the interests of employees and employers, and if it complied with the procedural requirements for enterprise agreements.

The Commission found that the agreement contained provisions that were fair and reasonable, and that it met the safety net standards. The terms of the agreement were considered to adequately protect the interests of both employees and employers. The procedural requirements were also found to have been followed correctly. Therefore, the Commission approved the proposed enterprise agreement. The approval was made on the condition that the agreement be registered with the Commission within the required timeframe, and that the necessary notices be provided to relevant parties.

The Commission ordered the approval of the agreement, subject to its registration and the provision of necessary notices. The agreement was to take effect from the date of approval and would apply to the employees of ABI Civil Contractors who were members of the CFMEU (Victorian Construction and General Division).

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