DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5772)

CONSTRUCTION ENGINEERING HOLDINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2018

Application for approval of the CONSTRUCTION ENGINEERING HOLDINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the CONSTRUCTION ENGINEERING HOLDINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Agreement 2016-2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 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 matter involved an application for the approval of the Construction Engineering Holdings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Greenfields Agreement 2016-2018. The application was heard by the Fair Work Commission, presided over by Deputy President S.J. Smith. The primary issue before the court was whether the terms of the proposed Greenfields Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for an enterprise agreement, including whether it was in the best interests of the employees and whether it was made in good faith.

The court examined the submissions from both parties, focusing on the content and implications of the proposed agreement. It assessed whether the agreement provided a fair and reasonable outcome for all employees involved, including provisions related to wages, hours of work, and other conditions of employment. The court also considered the evidence presented by the union and the employer regarding the negotiation process and whether it was conducted in good faith. Ultimately, the court found that the agreement met the necessary legal standards and was in the best interests of the employees. The court was satisfied that the agreement was made in good faith and provided a fair and reasonable outcome for all parties.

The Fair Work Commission approved the Greenfields Agreement 2016-2018, confirming that it complied with the requirements of the Fair Work Act. The court's decision was based on the evidence presented and the legal standards applied. The approval of the agreement signifies that it will now govern the employment conditions of the employees within the specified period. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the relationship between the employer and the union.

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