DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6881)

ROBUST CONSTRUCTION SERVICES 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 ROBUST CONSTRUCTION SERVICES 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 ROBUST CONSTRUCTION SERVICES 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 case involved an application for the approval of the ROBUST CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was brought before the Fair Work Commission. The primary dispute centred on whether the terms of the enterprise agreement were fair and reasonable in accordance with the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for being considered fair and reasonable, specifically focusing on whether it complied with the provisions of the Fair Work Act and if it provided for appropriate terms and conditions for employees. This included assessing if the agreement was free from coercive conduct and if it provided fair and reasonable outcomes for both parties.

In examining the agreement, the Commission considered various factors including the bargaining positions of the parties, the fairness of the terms and conditions, and whether the agreement provided for a reasonable balance of outcomes for both employers and employees. The Commission found that the agreement was fair and reasonable, noting the absence of any evidence of coercion and that it provided for appropriate terms and conditions. The agreement was approved under the Fair Work Act, allowing it to come into effect.

The Fair Work Commission approved the enterprise agreement, thereby permitting it to be implemented. The decision was made in the context of ensuring that the agreement met all necessary legal standards for fairness and reasonableness.

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