DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6876)

ALL SYSTEMS CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the ALL SYSTEMS CONTRACTORS 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 ALL SYSTEMS CONTRACTORS 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 28 December 2018. 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 All Systems Contractors Pty Ltd. The nature of the dispute was an application for the approval of an enterprise agreement between the two parties for the period of 2016 to 2018. The application was heard by the Fair Work Commission, which is the Australian workplace relations tribunal.

The legal issues the court had to decide involved the validity of the enterprise agreement. The CFMEU argued that the agreement was a bona fide enterprise agreement and should be approved. All Systems Contractors Pty Ltd contended that the agreement did not meet the requirements of a bona fide enterprise agreement and, therefore, should not be approved. The court had to determine whether the agreement met the legal criteria for approval, including whether it was negotiated in good faith and covered all relevant employees.

The court found that the enterprise agreement met the legal criteria for approval. The agreement was negotiated in good faith and covered all relevant employees. The court determined that the agreement was a bona fide enterprise agreement and, therefore, should be approved. The court considered the evidence presented by both parties and concluded that the agreement was fair and reasonable.

The final orders of the court were that the enterprise agreement between the CFMEU and All Systems Contractors Pty Ltd for the period of 2016 to 2018 be approved. The agreement was deemed to be a bona fide enterprise agreement and was approved by the Fair Work Commission.

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