DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6468)

NEESH CONSTRUCTION PTY LTD T/AS NEESH CONSTRUCTION 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 NEESH CONSTRUCTION PTY LTD T/As NEESH CONSTRUCTION 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 NEESH CONSTRUCTION PTY LTD T/As NEESH CONSTRUCTION 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 7 September 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the NEESH CONSTRUCTION PTY LTD T/As NEESH CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Construction, Forestry, Maritime, Mining and Energy Union, on behalf of its members, sought approval of the enterprise agreement from the Fair Work Commission. The employer, NEESH Construction, did not oppose the application. The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, including that it provided for the proper operation of the enterprise, the resolution of workplace issues, and the fair treatment of employees.

The court examined the provisions of the agreement to determine if it complied with the legislative requirements. The agreement was found to provide for the proper operation of NEESH Construction by setting out the terms and conditions of employment for its employees. The court also considered whether the agreement provided for the fair resolution of workplace issues, and concluded that it did by including mechanisms for dispute resolution and provisions for consultation between the employer and the union. Furthermore, the court was satisfied that the agreement treated employees fairly by providing for appropriate rates of pay and conditions that met the needs of the industry. Given these findings, the court approved the enterprise agreement.

The Fair Work Commission approved the NEESH CONSTRUCTION PTY LTD T/As NEESH CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was registered and became legally binding on the parties from the date of registration. The decision confirmed the importance of enterprise agreements in providing a framework for the fair and efficient operation of businesses and the protection of employees' rights.

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