DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2127)

THREE DIMENSIONAL CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 JUNE 2018

Application for approval of the Three Dimensional Construction 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 Three Dimensional Construction 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 8 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of certain employees in the construction industry, lodged an application for the approval of the Three Dimensional Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The agreement sought to establish terms and conditions of employment for workers in the construction industry, including wage rates, leave provisions, and dispute resolution mechanisms.

The central legal issue the Commission had to determine was whether the enterprise agreement complied with the requirements set out in the Fair Work Act, particularly sections 230 and 231, which mandate that an agreement must be in writing, cover a specified group of employees, and ensure fair and reasonable terms and conditions. The Commission also had to consider whether the agreement provided for genuine collective bargaining and avoided undue coercion. The parties presented arguments on the fairness of the agreement, its compliance with the law, and whether it adequately represented the interests of the employees.

After reviewing the submissions and evidence, the Commission found that the agreement satisfied the necessary legislative criteria. The Commission determined that the agreement was in writing, covered the appropriate group of employees, and included fair and reasonable terms and conditions. The Commission further concluded that the agreement resulted from genuine collective bargaining and did not exhibit undue coercion. Consequently, the Commission approved the enterprise agreement. The Commission issued an approval order for the agreement, which would now govern the employment terms and conditions of the employees covered by the agreement for the specified period.

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