DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2747)

EXALT LABOUR SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) INDIGENOUS INDUSTRY ENTRANT & TRAINING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2018

Application for approval of the Exalt Labour Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Exalt Labour Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training 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 13 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the Exalt Labour Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division), sought approval for the Indigenous Industry Entrant & Training Enterprise Agreement 2016 - 2018. The agreement was submitted under the Fair Work Act 2009, with the union claiming it was appropriate for the workforce and the enterprise. The Commission was tasked with determining whether the agreement met the criteria for approval, particularly focusing on the provisions concerning the employment of Indigenous workers and the training requirements outlined within the agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for the fair and equitable treatment of employees, particularly Indigenous workers, and whether it established appropriate training and employment conditions. Additionally, the Commission had to assess if the agreement was made in good faith and without coercion, as mandated by the Act. The Commission needed to determine whether the agreement's provisions were consistent with the broader objectives of promoting Indigenous employment and training.

The Commission found that the agreement satisfied the requirements of the Fair Work Act. It concluded that the agreement was made in good faith and without coercion, and it provided for fair and equitable treatment of employees, including Indigenous workers. The provisions concerning the employment and training of Indigenous workers were deemed appropriate and consistent with the objectives of the Act. The agreement was approved, with the Commission highlighting its role in supporting Indigenous employment and training within the industry.

The Fair Work Commission approved the Indigenous Industry Entrant & Training Enterprise Agreement 2016 - 2018, effective from the date of the decision. This decision recognises the importance of providing fair and equitable employment and training opportunities for Indigenous workers and supports the broader objectives of promoting Indigenous participation in the industry.

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