DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5275)

ARROW CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GREENFIELDS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 OCTOBER 2018

Application for approval of the ARROW CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the ARROW CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise 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 29 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the ARROW CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018. The CFMEU sought to have the agreement approved under section 234 of the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval as a modern award and whether it adhered to the requirements of the Fair Work Act, including provisions regarding minimum wages and conditions.

The court was tasked with determining if the agreement satisfied the necessary standards set out in the Fair Work Act. Specifically, the court had to assess if the agreement provided for fair and reasonable wages and conditions, whether it included appropriate provisions for employees' rights and protections, and if the agreement was consistent with the objectives of the Fair Work Act. Additionally, the court examined whether the agreement was procedurally sound, considering the negotiation process and the representation of the parties involved.

The court found that the agreement did meet the criteria for approval. It concluded that the agreement provided for fair and reasonable wages and conditions, contained adequate provisions for employee rights and protections, and aligned with the objectives of the Fair Work Act. The court also determined that the negotiation process was procedurally sound and that the agreement was appropriately representative of the parties involved. Consequently, the court approved the agreement, finding it to be compliant with the statutory requirements.

The final orders of the court included the approval of the ARROW CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018, effective from the date of the decision. The court's approval signified that the agreement would operate as a modern award under the Fair Work Act, governing the employment conditions of the relevant employees during the specified period.

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