DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2460)

SIMON LANG PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the SIMON LANG PROJECTS 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 SIMON LANG PROJECTS 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 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Simon Lang Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute pertained to the application for the approval of the Enterprise Agreement 2016-2018 between the parties. The Fair Work Commission heard the matter. The primary legal issues the court had to resolve were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and if it was consistent with the Fair Work (Registered Organisations) Act 2009. Specifically, the court examined if the agreement was fairly negotiated, covered the necessary minimum terms, and did not include any prohibited content.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the required minimum terms. The court determined that the agreement was consistent with the statutory provisions, noting that it did not include any prohibited content. The commission's analysis involved a detailed examination of the negotiation process, the content of the agreement, and its alignment with the legislative framework. The court was satisfied that the agreement was bona fide and that the process leading to its creation was fair.

The outcome of the decision was that the Fair Work Commission approved the Enterprise Agreement 2016-2018 between Simon Lang Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The court's decision was based on the findings that the agreement was fairly negotiated, contained all the necessary minimum terms, and did not include any prohibited content. The commission's approval of the agreement allowed it to come into effect as a legally binding contract between the parties.

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