DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2390)

ONBOARD (VIC) 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 ONBOARD (VIC) 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 ONBOARD (VIC) 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 before the Fair Work Commission involves an application for the approval of the Enterprise Agreement between the ONBOARD (VIC) PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The parties have sought to have the agreement registered under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the formal requirements of the Act and if it provided for the safety net of minimum terms and conditions of employment.

The central legal issues revolved around whether the agreement complied with the statutory requirements for formal validity and whether it contained the minimum terms and conditions as prescribed by the Fair Work Act. This included examining the processes by which the agreement was made, the coverage of the agreement, and the substantive terms and conditions it contained. Specifically, the Commission had to ensure that the agreement was made without coercion, contained a minimum set of terms and conditions, and did not discriminate against any group of employees.

In reaching its decision, the Commission assessed the evidence provided by the parties and considered the provisions of the Fair Work Act. The Commission determined that the agreement had been made without any contravention of the Act and that it contained all the required minimum terms and conditions. The agreement was found to be fair and reasonable, and the Commission approved it, noting the fair representation and consultation processes that had been undertaken. The decision was made in the context of ensuring that the agreement provided for a safety net for employees while allowing for flexibility in the employment relationship.

The final orders of the Commission were that the Enterprise Agreement between ONBOARD (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 be approved and registered under the Fair Work Act 2009. This approval is effective from the date of the decision and will remain in force until superseded by a new agreement or until terminated in accordance with the Act.

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