DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3855)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Contrex 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 Contrex 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 11 September 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 matter of an application for approval of an Enterprise Agreement, Contrex Pty Ltd, a construction company, sought approval of an Enterprise Agreement entered into with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was heard by the Fair Work Commission, presided over by Deputy President Hagger. The dispute centred around the validity and fairness of the proposed agreement, which outlined terms and conditions of employment for employees in the construction industry.

The primary legal issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it was free from any improper influence. Additionally, the court examined whether the agreement was procedurally sound and if it contained the mandatory terms as required by the Act.

The court found that the agreement was a genuine enterprise agreement, as it was made by the employer and the relevant union, and it covered a specified enterprise. The court confirmed that the agreement was made in good faith, as evidenced by the negotiation process and the absence of any undue influence. The court also held that the agreement contained all the mandatory terms required by the Act and was procedurally sound. Consequently, the court approved the Contrex Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The final orders of the court were that the Enterprise Agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to employees of Contrex Pty Ltd for the period from 1 July 2016 to 30 June 2018.

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