Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 3882

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2481)

GREENE FIRE PTY LIMITED 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 GREENE FIRE PTY LIMITED and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Application for approval of the GREENE FIRE PTY LIMITED 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.

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.

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.

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 an application for the approval of the Greene Fire Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was genuinely a bargain between the employer and the union, if it was made in good faith, and if it contained provisions that aligned with the objectives of the Act.

The Commission carefully examined the agreement, considering the nature of the bargaining process, the terms and conditions set out in the document, and the compliance of these terms with the overarching principles of the Act. In particular, the Commission focused on whether the agreement contained the mandatory minimum entitlements as stipulated by the Act and whether it was made without any coercion or undue influence. After a detailed analysis, the Commission found that the agreement met all the necessary criteria for approval. It was a genuine bargain made in good faith, and it contained all the required terms and conditions that aligned with the objectives of the Fair Work Act.

As a result, the Commission approved the Greene Fire Pty Limited and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was grounded in the thorough examination of the bargaining process and the terms of the agreement, confirming that it adhered to the statutory requirements for approval. The final order of the Commission was the approval of the enterprise agreement, ensuring that it would be legally binding for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established