DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3491)

COCONUT POST TENSIONING PTY LTD T/AS COCONUT GROUP PT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	DARWIN, 8 AUGUST 2018

Application for approval of the COCONUT POST TENSIONING PTY LTD T/As COCONUT GROUP PT 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 COCONUT POST TENSIONING PTY LTD T/As COCONUT GROUP PT 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 15 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 involved an application for the approval of an enterprise agreement between Coconut Post Tensioning Pty Ltd, trading as Coconut Group PT, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission under the Fair Work Act 2009. The union and the employer sought the Commission's approval of their negotiated agreement which covered employment terms and conditions for employees within specified industries.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant statutory requirements. Specifically, the Commission had to determine if the agreement met the criteria for "simplicity, clarity and accessibility" as outlined in section 233 of the Fair Work Act. The Commission also needed to ensure that the agreement was free from any provisions that would be contrary to public policy or contain unlawful terms. Another consideration was whether the agreement appropriately dealt with certain protected industrial action provisions and if it adequately provided for the resolution of disputes.

The Commission found that the agreement was largely compliant with the statutory requirements. The provisions were clear and accessible, and there were no terms that were contrary to public policy. The agreement appropriately dealt with protected industrial action provisions and included mechanisms for dispute resolution. The Commission approved the enterprise agreement, recognising its validity and enforceability under the Fair Work Act. Consequently, the agreement between Coconut Post Tensioning Pty Ltd and the CFMEU (Victorian Construction and General Division) was formally approved.

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