DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3499)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2018

Application for approval of the CIVIL INFRASTRUCTURE GROUP 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 CIVIL INFRASTRUCTURE GROUP 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 the 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 16 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

In the Federal Court of Australia, the matter of Construction, Forestry, Maritime, Mining and Energy Union was presented, involving an application for the approval of the Civil Infrastructure Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant industrial legislation. The Court was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Court involved assessing the agreement's compliance with the Fair Work Act 2009, particularly focusing on whether the agreement was free from prohibited content, whether it had been fairly negotiated, and if it met the requirements for good faith bargaining. The Court needed to ensure that the agreement did not undermine the existing industrial rights and protections of the employees and that it provided a fair and equitable outcome for both parties involved.

After thorough examination of the agreement and the evidence presented, the Court concluded that the proposed enterprise agreement did not meet the required standards for approval. The Court found that the agreement contained provisions that were inconsistent with the objectives of the Fair Work Act 2009, particularly concerning the terms and conditions of employment and the rights of the employees. Consequently, the Court dismissed the application for approval of the agreement. The Court's decision was based on the failure of the agreement to adequately protect the rights and interests of the employees and to ensure a fair and equitable outcome for all parties involved.

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