DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3369)

CONSET TRUST (THE TRUSTEE FOR) T/AS CONSET MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the Conset Trust (The Trustee For) T/As Conset Management 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 Conset Trust (The Trustee For) T/As Conset Management 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 10 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter are Conset Trust, trading as Conset Management Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute pertains to the approval of the Conset Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The case was heard by the Fair Work Commission, a tribunal in Australia that deals with employment issues.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement in question met the necessary criteria for approval under the Fair Work Act 2009. The Commission needed to consider whether the agreement provided fair and reasonable terms and conditions of employment, in line with the objectives of the Act. It was also necessary to examine if the agreement complied with the procedural requirements, such as if the agreement had been certified as a protected action ballot under section 176 of the Act.

In reaching its decision, the Fair Work Commission carefully reviewed the provisions of the enterprise agreement and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable in terms of the employees' employment conditions. The Commission also confirmed that the necessary procedural requirements had been met, including the certification of the protected action ballot. Consequently, the Fair Work Commission approved the Conset Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

As a result of the decision, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect. The agreement now serves as a binding contract between Conset Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the specified period. This outcome ensures that the employees' employment terms and conditions are regulated under a legally binding agreement, providing stability and clarity in their working relationship.

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