DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5450)

AUSSIE ANCHORS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 11 OCTOBER 2018

Application for approval of the AUSSIE ANCHORS AUSTRALIA 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 AUSSIE ANCHORS AUSTRALIA 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.

[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 18 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Aussie Anchors Australia Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant is a trade union representing employees in the construction, forestry, maritime, mining and energy industries, while the respondent is an employer in the construction industry. The dispute concerns the terms and conditions of employment for employees under the enterprise agreement.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and other employment terms. The Commission also needed to ensure the agreement did not adversely affect employees' general rights of freedom of association.

The Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment for employees. The agreement included provisions for minimum rates of pay, overtime, penalty rates, and other employment terms that were consistent with the relevant award and industrial instruments. The Commission also determined that the agreement did not adversely affect employees' general rights of freedom of association. The Commission approved the enterprise agreement, stating that it met the statutory requirements for approval.

The Fair Work Commission approved the Aussie Anchors Australia Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for employees and did not adversely affect employees' general rights of freedom of association. The approval of the enterprise agreement will provide certainty and stability to the employees and employer covered by the agreement.

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