DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5902)

TOOHEYS FORM CRETE UNIT TRUST T/AS TOOHEYS FORM CRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 NOVEMBER 2018

Application for approval of the Tooheys Form Crete Unit Trust T/As Tooheys Form Crete 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 Tooheys Form Crete Unit Trust T/As Tooheys Form Crete 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 8 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Tooheys Form Crete Unit Trust T/As Tooheys Form Crete and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose as the parties sought to formalise the terms of employment and conditions of work for employees within the Tooheys Form Crete Unit Trust. The Commission was tasked with ensuring the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act, if it was free from any unfair content, and if the process through which the agreement was made was procedurally fair. The Commission also considered whether the agreement provided for a streamlined process for future bargaining and whether it facilitated the resolution of future workplace disputes.

In reaching its decision, the Commission examined the agreement in detail, noting that it included all mandatory terms required by the Fair Work Act. The Commission found that the agreement was not only procedurally fair but also substantively fair, as it did not contain any terms that were against the public interest or that were unfair. The Commission was satisfied that the agreement was made in good faith, without any element of coercion, and that it provided for an efficient framework for future bargaining and dispute resolution. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Tooheys Form Crete Unit Trust T/As Tooheys Form Crete and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming that it met all legal requirements under the Fair Work Act. The Commission's approval ensures that the terms of employment and conditions of work for the employees are legally recognised and enforceable.

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