DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4627)

EVOLVE REINFORCEMENT TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the Evolve Reinforcement Trust (The Trustee For) 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 Evolve Reinforcement Trust (The Trustee For) 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 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Evolve Reinforcement Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from negotiations between the union and the employer regarding terms and conditions of employment. The Commission was tasked with assessing whether the proposed agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues centred around whether the agreement provided for a fair and reasonable level of employee protection and whether it complied with the mandatory provisions of the Fair Work Act. The Commission needed to determine if the agreement adequately addressed minimum entitlements, such as wages, hours of work, and leave provisions. It also had to consider whether the agreement was free from any prohibited content, such as terms that would undermine the ability of employees to take protected industrial action.

The Commission reviewed the agreement in detail, examining each clause to ensure it met the statutory requirements. It found that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and conditions of employment. The Commission also confirmed that the agreement did not contain any terms that would undermine the rights of employees to take lawful industrial action. Based on this assessment, the Commission approved the agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act.

The final orders of the Commission were to approve the Evolve Reinforcement Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding on both parties, providing a framework for employment within 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