Construction, Forestry, Maritime, Mining and Energy Union

Case [2018] FWCA 7323
[2018] FWCA 7323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6545)

A OK BROTHERS CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 30 NOVEMBER 2018

Application for approval of the A OK BROTHERS CONSTRUCTIONS 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 A OK BROTHERS CONSTRUCTIONS 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.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCA 7323
Case
[2018] FWCA 7323
Decision Date

CaseChat Overview and Summary

The case involves an application for the approval of the A OK BROTHERS CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement met the necessary legal criteria for approval, including compliance with the Fair Work Act 2009 and the protection of employees' rights and interests.

The legal issues before the court included assessing whether the agreement provided for the proper negotiation process, contained mandatory terms that were not contrary to public policy, and adequately protected employees' entitlements and rights. Furthermore, the court had to consider if the agreement ensured fair and reasonable terms for both parties and if it complied with all relevant provisions of the Fair Work Act.

The court found that the enterprise agreement was appropriately negotiated and met the legal requirements for approval. It determined that the agreement provided for fair and reasonable terms, and did not contain any terms that were contrary to public policy. The court also confirmed that the agreement adequately protected the rights and entitlements of employees and complied with the Fair Work Act.

As a result, the Fair Work Commission approved the A OK BROTHERS CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its validity and enforceability under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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