Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4942

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3683)

Policrete Enterprises Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Wilson	Melbourne, 24 August 2018

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

An application has been made for approval of an enterprise agreement known as the POLICRETE ENTERPRISES 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 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

The matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between POLICITE ENTERPRISES PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The Union sought to have the agreement approved, which had been negotiated with the employer and covered a period of 2016 to 2018. The central dispute concerned whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission had to resolve included whether the agreement had been made in good faith and without coercion, whether it met the safety net provisions, and whether it complied with the procedural requirements set out in the Act. Additionally, the Commission examined whether the agreement contained any terms that could be considered to be unfair.

The Commission determined that the agreement was made in good faith and without coercion. It found that the agreement met all the safety net provisions and satisfied the procedural requirements. The Commission also held that none of the terms in the agreement were unfair. Therefore, the application for approval was granted, and the agreement was registered as a certified agreement under the Fair Work Act 2009. The registration took effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established